Opinion
2020-04752 2020-04753 2020-06581 Index 17200/2013
08-25-2021
Glen C. Kleiber, appellant, v. Robert P. Fichtel, et al., respondents.
M278815 E/sl
CHERYL E. CHAMBERS, J.P. ROBERT J. MILLER PAUL WOOTEN JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Queens County, both entered March 3, 2020, and an amended judgment of the same court entered August 18, 2020. Motion by the respondents to strike the record or stated portions thereof on the ground that the record is inadequate and contains matter dehors the record, to strike the appellant's brief or stated portions thereof on the ground that the appellant's brief refers to matter dehors the record and improperly raises issues for the first time on appeal, to direct the appellant to serve and file a supplemental record, and to extend the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 volumes IV, X, and XI of the record is granted and on or before September 24, 2021, the appellant shall serve and file, via NYSCEF, replacement volumes that do not contain the material on pages R1742 through R1756, R5273 through R5287, and R5482 through R6239; and it is further, ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted and on or before September 24, 2021, the appellant shall serve and file, via NYSCEF, a supplemental record containing the verdict sheet marked as Court Exhibit 3 on February 15, 2017, Plaintiff's Trial Exhibits 32A, 32B, 32C, 65A, 65B, and 65C, and an order of the Supreme Court, Queens County, dated February 16, 2016; and it is further, ORDERED that the branch of the motion which is to strike the appellant's brief or stated portions thereof is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief and the application for that relief are granted, and on or before October 25, 2021, the respondents shall serve and file the respondents' 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; and it is further, ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., MILLER, WOOTEN and ZAYAS, JJ., concur.