Appellate Division: Second Judicial Department

M42635

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09379 Paul B. Noel, et al., appellants, v L&M Holding Corp., f/k/a Block 3730 Corp., et al., respondents. (Index No. 11947/02)

DECISION & ORDER ON MOTION

Motion by the respondent Thomas Gennarelli on an appeal from an order of the Supreme Court, Richmond County, dated August 1, 2005, to strike the record on appeal and the appellants' brief on the ground that they contain or refer to matter dehors the record and, in effect, on the ground that the record on appeal is inadequate, and to enlarge the time to serve and file a brief.

ORDERED that the motion is granted the appellants' record and brief are stricken; and it is further,

ORDERED that on or before August 28, 2006, the appellants shall (1) serve and file a replacement record which contains all the papers submitted to the Supreme Court in connection with the motion and cross motion that resulted in the order appealed from and does not contain matter dehors the record, and (2) serve and file a new brief that does not refer to material dehors the record; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until September 27, 2006, and the respondents' brief must be served and filed on or before that date.

SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer