Appellate Division: Second Judicial Department

M51163

E/nl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-00402 Anonymous, plaintiff, v Anonymous, defendant; John Doe, et al., third-party plaintiffs-respondents; Val Azmoodeh, et al., third-party defendants, Wanda Azmoodeh, appellant. (Index No. 26705-99)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated October 21, 2005, on the ground that the appendix is inadequate or to strike the appellant's appendix and brief and to direct the appellant to serve and file an appendix and brief that complies with the CPLR and the rules of this court, 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 and relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's appendix and brief is granted, the appendix and appellant's brief are stricken, and on or before April 9, 2007, the appellant shall serve and file a replacement appendix and brief that complies with the CPLR and rules of the court (see CPLR 5528; 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic.

CRANE, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court