Appellate Division: Second Judicial Department

M36561

A/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

JOSEPH COVELLO, JJ.

2005-07471 Hall Dickler Kent Goldstein & Wood, LLP, plaintiff, v Suzanne McCormick, defendant third-party plaintiff-appellant; Dennis McCormick, et al., third-party defendants-respondents, et al., third-party defendant. (Index No. 11605/02)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, entered June 24, 2005, to strike certain material from the appellant's brief, on the ground that it refers to matter dehors the record, and to enlarge the record on appeal to include, inter alia, two orders of the Supreme Court, Westchester County; application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file their brief on the appeal, and cross application by the appellant for an award of costs.

Upon the papers filed in support of the motion, the application, and cross application, and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to strike certain material from the appellant's brief on the ground that it refers to matter dehors the record is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until March 13, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross application is denied.

ADAMS, J.P., RITTER, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court