Appellate Division: Second Judicial Department

M51476

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2006-05305 Pam Zelenz, a/k/a Pamela Powers January, appellant, v Mark Zelenz, respondent. (Index No. 01-4410)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike pages 103 and 104 of the record on an appeal from an order of the Supreme Court, Westchester County, dated April 27, 2006, on the ground that those pages contain matter dehors the record and to enlarge the time to serve and file a brief. Cross motion by the appellant for an award of costs and to impose a sanction upon the respondent for making a frivolous motion.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike pages 103 and 104 of the record on appeal is granted, and 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 on appeal that does not contain 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 2, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements will be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court