Opinion
Motion No. 2023-00934 Index No. 600027/2021
11-06-2023
Shawarbi Graves, appellant, v. Reginald Scott, et al., respondents.
Unpublished Opinion
MOTION DECISION
M292096
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, HELEN VOUTSINAS, CARL J. LANDICINO, JJ.DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Nassau County, dated November 23, 2022. Motion by the respondents Paul Edward Destocki and PNH Intercontinental Corp. to strike stated portions of the record, the appellant's brief, and the brief of the respondents Reginald Scott and Centro America Corp., on the ground that they refer to matter dehors the record. Separate motion by the respondents Paul Edward Destocki and PNH Intercontinental Corp. to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to strike stated portions of the record, the appellant's brief, and the brief of the respondents Reginald Scott and Centro America Corp., and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to strike stated portions of the record, the appellant's brief, and the brief of the respondents Reginald Scott and Centro America Corp., is granted, pages 968 and 969 of the record and all references in the appellant's brief and the brief of the respondents Reginald Scott and Centro America Corp., to pages 968 and 969 of the record are stricken, and on or before December 6, 2023, the appellant and the respondents Reginald Scott and Centro America Corp., shall serve and file, via NYSCEF, a replacement record and briefs that do not contain the stricken material and are in all other respects the same as the record and briefs previously filed; and it is further, ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before December 6, 2023, the respondents Paul Edward Destocki and PNH Intercontinental Corp. shall serve and file their brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.