Appellate Division: Second Judicial Department

M50154

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-09059 Saramilla Gaston, etc., et al., respondents, v American Transit Insurance Company, appellant. (Index No. 24443/05)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated August 16, 2006, to strike pages 122 through 127 of the record on appeal and to strike the last paragraph on page 8, the first sentence on page 9, and the final unnumbered page of the appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge their time to serve and file a 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 last paragraph on page 8, the first sentence on page 9, and the final unnumbered page of the appellant's brief is held in abeyance and referred to the bench hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' time to serve and file a brief is enlarged until March 2, 2007, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court