Opinion
2021-03706 Index 510550/2019
12-29-2021
Marie L. Placide, appellant, v. 455 Bainbridge Street, LLC, respondent.
M280781 MB/
WILLIAM F. MASTRO, J.P. ANGELA G. IANNACCI PAUL WOOTEN DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated April 27, 2021. Motion by the respondent, in effect, for leave to reargue its opposition to the prior motion by the appellant, inter alia, to stay the vacatur of the notice of pendency, and to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal, which was determined by decision and order on motion of this Court dated September 3, 2021. Separate motion by the appellant to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record, and to extend the time to serve and file a reply brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent is denied; and it is further, ORDERED that the branch of the motion by the appellant which is to strike stated portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion by the appellant which is to extend the time to serve and file a reply brief is granted, and on or before January 24, 2022, 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.
MASTRO, J.P., IANNACCI, WOOTEN and DOWLING, JJ., concur.