Appellate Division: Second Judicial Department

M39785

A/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-09884, 2006-00544 Latoya Fitzgerald, respondent, v Child Development Support Corporation, appellant, et al., defendant. (Index No. 17129/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated September 20, 2005, and December 16, 2005, respectively, to strike the respondent's appendix and brief, on the ground that they contain and refer to matter dehors the record, and to enlarge its time to serve and file a reply 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 the respondent's appendix is granted; and it is further,

ORDERED that the branch of the motion which is to strike portions of the respondent's brief is granted to the extent that the portion of the brief beginning with the first full paragraph of page 9, up to and including the second sentence of the second paragraph of page 10, ending with the words "June 27, 2005," is stricken, and on or before June 7, 2006, the respondent shall remove or delete the above-referenced material from all copies of her brief on file with this court or serve and file a replacement brief which does not contain the subject material; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, and the appellant's time to serve and file its reply brief is enlarged until June 19, 2006.

RITTER, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court