Appellate Division: Second Judicial Department

M40760

C/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2006-00261, 2006-02732 James Shovak, etc., respondent, v Long IsIand Commercial Bank, appellant. (Index No. 17102/04)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, dated November 28, 2005, and January 31, 2006, respectively, to strike pages 248 through 327 of the record on appeal on the ground that those pages contain matter dehors the record, to strike the appellant's brief or those pages which refer to or quote material contained in pages 248 through 327 of the record, to dismiss the appeal from the order dated January 31, 2006, on the ground that the order is not appealable as of right, and leave to appeal has not been granted, and to enlarge the time to serve and file a brief. Motion by the appellant for leave to appeal to this court from the order dated January 31, 2006.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the motion for leave to appeal to this court from the order dated January 31, 2006, and those branches of the respondent's motion which are to dismiss the appeal from the order dated January 31, 2006, to strike pages 248 through 327 of the record on appeal, and to strike the appellant's brief or those pages which refer to or quote material contained in pages 248 through 327 of the record are referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until July 13, 2006, and the respondent's brief shall be served and filed on or before that date.

FLORIO, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court