Opinion
Motion No. 2021-09406 Index No. 505094/2017
07-31-2023
David Mussenden, appellant, v. Rapid Processing, LLC, et al., respondents.
Unpublished Opinion
MOTION DECISION
M290298
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, LILLIAN WAN, JJ.DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated November 12, 2021. Motion by the respondent Rapid Processing, LLC, to dismiss the appeal on the ground that the record contains material dehors the record, or, in the alternative, to strike stated portions of the record and 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, it is
ORDERED that the branch of the motion which is to strike stated portions of the record is granted to the extent that the record is stricken, and on or before August 30, 2023, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the material currently included in the record at pages 20-280 and pages 350-359; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before September 29, 2023, the respondent Rapid Processing, LLC, shall serve and file its brief via NYSCEF; and it is further, ORDERED that the motion is otherwise denied.
DILLON, J.P., CHAMBERS, CHRISTOPHER and WAN, JJ., concur.