Appellate Division: Second Judicial Department

M51279

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-04216 Bank One National Association, etc., appellant, v Leonie Neufville, et al., defendants, Brian B. Corriette, respondent. (Index No. 03-5892)

DECISION & ORDER ON MOTION

Motion by the respondent to strike pages 121 through 147 of the record on an appeal from an order of the Supreme Court, Westchester County, entered March 17, 2006, on the ground that those pages contain matter dehors the record and to strike portions of the appellant's brief on the ground that it raises issues not properly before this court.

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 pages 121 through 147 of the record on appeal is granted; and it is further,

ORDERED that on or before March 12, 2007, the appellant shall either delete or remove that material from the copies of the record on appeal on file with the Clerk of this court or serve and file a replacement record that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to strike portions of the appellant's main brief is held in abeyance and referred to the panel of justices hearing the appeal for determination upon the argument or submission thereof.

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

ENTER:

James Edward Pelzer

Clerk of the Court