Appellate Division: Second Judicial Department

M50299

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-10108 Diogenes Nunez, respondent, v Bella Transportation, Inc., et al., appellants. (Index No. 5455/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated September 29, 2006, inter alia, to strike certain portions of the record on appeal and the appellants' brief, and to enlarge the 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 motion is granted; and it is further,

ORDERED that the photographs contained in pages 249 through 251 of the record on appeal are stricken, and on or before February 16, 2007, the appellants shall replace those photographs with laser color photocopies; and it is further,

ORDERED that footnotes 1 and 2 on pages 9 through 11 of the appellants' brief are stricken, and on or before February 16, 2007, the appellants shall either delete or remove that material from the copies of the appellants' brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 19, 2007, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court