Appellate Division: Second Judicial Department

M44524

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2006-03487 Albert A. Cerilli, Jr., et al., appellants, v Jeffrey S. Kezis, et al., respondents. (Index No. 3520/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se Albert A. Cerilli, Jr., on an appeal from a judgment of the Supreme Court, Dutchess County, entered April 5, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and cross motion by the respondents to strike the record on appeal and the appellants' brief on the ground that they contain or refer to matter dehors the record and that the transcript of the trial was not properly settled.

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

ORDERED that the motion is granted on condition that on or before October 20, 2006, the appellants serve and file a supplemental record containing corrections to the trial transcript and remove pages 26-27, 30-37, 39-84, and 109-110 from the copies of the record on appeal on file with this court, or serve and file a replacement record containing a corrected trial transcript and omitting the above material; and it is further,

ORDERED that the cross motion is granted to the extent that the appellants' brief is stricken; and it is further,

ORDERED that on or before October 20, 2006, the appellants shall serve and file a new brief which 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 November 20, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court