Opinion
Motion No. 2022-08832 Index No. 507593/2018
10-13-2023
Monica Harbour, respondent, v. New York City Transit Authority, et al., appellants.
Unpublished Opinion
MOTION DECISION
M291561
AFA/VALERIE BRATHWAITE NELSON, J.P. CHERYL E. CHAMBERS, BARRY E. WARHIT, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated September 26, 2022. Motion by the respondent to strike stated portions of the appellants' brief on the ground that they refer to matter dehors the record, to amend the caption, and to extend the time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is granted, the material in the first full paragraph on page 10 of the appellants' brief beginning with the words "at his deposition" and ending with the words "not in the record" and the last paragraph on page 14 of the appellants' brief beginning with the words "We note" and ending with the word "incident" are stricken, and on or before November 13, 2023, the appellants shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in other respects the same as the brief previously filed; and it is further, ORDERED that the branch of the motion which is to amend the caption is denied without prejudice to seeking the appropriate relief before the Supreme Court; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a respondent's brief is granted, and on or before November 13, 2023, the respondent shall serve and file the respondent's 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.
BRATHWAITE NELSON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.