Appellate Division: Second Judicial Department

M42389

A/nl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2005-07317 Eli Lichtenstein, etc., et al., respondents-appellants, v Fantastic Merchandise Corp., defendant third-party plaintiff-appellant-respondent, et al., defendants; Well Done-Eilat, Ltd., third-party defendant-appellant- respondent. (Index Nos. 33053/02, 75693/03)

DECISION & ORDER ON MOTION

Separate motions by the defendant third-party plaintiff-appellant-respondent and the third-party defendant-appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 24, 2005, to strike portions of the brief of the respondents-appellants, on the ground that it refers to matter dehors the record, and cross motion by the respondents-appellants to enlarge the record on appeal to include certain material.

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

ORDERED that on the court's own motion, the cross appeal is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[c], [e]); and it is further,

ORDERED that the motions are granted, the respondents' briefs are stricken, and on or before September 12, 2006, the respondents shall serve and file a single brief in response to the appellants' briefs that does not refer to matter dehors the record; and it is further,

ORDERED that on the court's own motion the appellants' reply briefs are stricken; and it is further,

ORDERED that the appellants shall serve and file replacement reply briefs, if they be so advised, on or before September 27, 2006.

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court