Appellate Division: Second Judicial Department

M54463

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2006-05491 In the Matter of William H. Kelly, appellant, v Northport Yacht Club, Inc., etc., respondent. (Index No. 21554-05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to strike stated portions of the respondent's brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered May 2, 2006, and to enlarge the time to serve and file a reply brief. Cross motion by the respondent for leave to reargue its motion to enlarge the record to include certain documents and a photograph.

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 stated portions of the respondent's brief is granted and the following portions of the respondent's brief are stricken; (1) beginning on page 13 with the words "A juxtaposition" through the first paragraph on page 14 ending with the words "an attack" and (2) beginning in the second paragraph on page 14 with the words "The record" through first line on page 15 ending with "point of insult"; and it is further;

ORDERED that on or before May 24, 2007, the respondent shall either delete or remove that 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 branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a brief is enlarged until June 7, 2007, and the appellant's reply brief must be served and filed on or before that date; 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