Opinion
2019-13694 Index 513969/2016
06-25-2021
Korsinsky & Klein, LLP, appellant, v. FHS Consultants, LLC, respondent.
M277884 E/sl
WILLIAM F. MASTRO, J.P. ROBERT J. MILLER BETSY BARROS LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated October 2, 2019. Motion by the appellant to strike the respondent's brief on the ground that it refers to matter dehors the record, to impose a sanction against the respondent or its counsel, for an award of costs and an attorney's fee, and to extend the time to serve and file a reply brief Application by the appellant pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a reply 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 the respondent's brief is granted and on or before July 26, 2021, the respondent shall serve and file a replacement brief that does not refer to matter dehors the record via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief and the application for that relief are granted, and on or before August 10, 2021, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply 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.
MASTRO, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.