Appellate Division: Second Judicial Department

M54018

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2007-02253 Darian Logan, appellant, v 530 W. 28th Street, LP, etc., respondent, et al., defendants. (Index No. 18592/05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated February 27, 2007, to strike stated portions of the appellant's brief on the ground that it refers 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 motion is granted; and it is further,

ORDERED that the following material is stricken from the appellant's brief:

(1) page 2, third paragraph, beginning with the words "why they did not conduct" through "Preliminary Conference Order,";

(2) page 4, first paragraph, beginning with the words "On or about October 17, 2005," through "within 45 days of the plaintiff-appellant's examination before trial.";

(3) page 7, first full paragraph, beginning with the words "The defendant-respondent did not address" through "Preliminary Conference Order.";

(4) page 8, last paragraph, beginning with the words "Defendant-respondent did not" through "Preliminary Conference Order."; and it is further,

ORDERED that on or before May 15, 2007, the appellant shall either delete or remove the stricken material from the copies of the 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 June 14, 2007, and the respondent's brief must be served and filed on or before that date.

SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court