Motion List released on: January 10, 2019
By Leventhal, J.P.; Roman, Connolly and Brathwaite Nelson, JJ.Semyon Vays appellants-res, v. James D. Luntz, etc., res-res — Motion by the respondent-appellant, inter alia, to strike the appellants-respondents’ reply brief, or stated portions thereof, on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated June 16, 2017, on the ground that they refer to matter dehors the record or improperly raise issues for the first time in reply, and to extend the respondent-appellant’s time to serve and file a reply brief. Cross motion by the appellants-respondents to dismiss the cross appeal or, in the alternative, to strike the respondent-appellant’s answering brief on the ground that it refers to matter dehors the record.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to strike stated portions of the appellants-respondents’ reply brief is granted to the extent that the following material is stricken:(1) the material beginning on the last line of page 1 with the words “and after that filled with mold” and ending at the end of the first paragraph on page 2 with the numbers “2135/2013″;(2) the material beginning in the last sentence on page 10 with the words “while major real estate” and ending at the end of that sentence in the beginning of page 11 with the words “tear down.”; and(3) the phrase “- well above the Zillow estimate of $1.8 million and similar estimates from Trulia and Realtor.com -” on page 20; and it is further,ORDERED that on or before January 31, 2019, the appellants-respondents shall remove the stricken material from the copies of the appellants-respondents’ reply brief filed with the Clerk of the Court and file a replacement digital copy of the appellants-respondents’ reply brief; and it is further,ORDERED that the branch of the motion which is to extend the respondent-appellant’s time to serve and file a reply brief is granted, the respondent-appellant’s time to serve and file a reply brief is extended until February 15, 2019, and the reply brief shall be served and filed on or before that date; and it is further,ORDERED that the branch of the cross motion which is to strike the respondent-appellant’s answering brief is granted to the extent that the following material is stricken:(1) all of the material in footnote 13 on page 5 except for the first sentence;(2) all of the material in footnote 14, which begins on page 6 and ends on page 7; and(3) all of the material on page 13, including footnote 17 on the bottom of that page; and it is further,ORDERED that on or before January 31, 2019, the respondent-appellant shall remove the stricken material from the copies of the respondent-appellant’s answering brief filed with the Clerk of the Court; and it is further,ORDERED that the motion and cross motion is otherwise denied.LEVENTHAL, J.P., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
