Appellate Division: Second Judicial Department

M51477

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2006-01305 Marton Klepp, appellant, v Anita Klepp, respondent. (Index No. 69-6050)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the record on an appeal from an order of the Supreme Court, Westchester County, entered January 4, 2006, in effect, to strike the appellant's brief on the ground it contains references to matter dehors the record, 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 branch of the motion which is to strike pages 498 and 499 of the record on appeal is granted, and on or before March 15, 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 on appeal that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is, in effect, to strike the appellant's brief is granted, and on or before March 15, 2007, the appellant shall serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 16, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., RITTER, GOLDSTEIN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court