Appellate Division: Second Judicial Department

M39768

Y/mv

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-06200 Stephanie Weekes, appellant, v New York City Housing Authority, respondent. (Index No. 35904/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated March 9, 2005, inter alia, to strike portions of the appellant's brief on the ground that it refers to matter dehors the record and to enlarge 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 portions of the appellant's brief is granted, on or before June 8, 2006, the appellant shall remove from page 5 of all copies of the brief on file in this court the text beginning with the words "The motion was orally argued" and ending with the words "the matter was orally argued, decision reserved."; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until July 10, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court