Appellate Division: Second Judicial Department

M54702

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2006-11281, 2006-11282 Washington Mutual Bank, PA, respondent, v Hershey Itzkowitz, et al., appellants, et al., defendants. (Index No. 00-6383)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Rockland County, dated May 21, 2006, and June 29, 2006, respectively, to dismiss the appeals, inter alia, on the ground that the record on appeal is not properly certified, or, in the alternative, to strike stated portions of the record on appeal and the appellants' brief on the ground that they contain or refer 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 the record on appeal is granted to the extent that on or before May 30, 2007, the appellants shall file a supplemental record containing legible copies of the documents contained on the following pages of the record on appeal: 30, 41 through 43, 55, 56, 58, 132, and 168, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the record on appeal and the appellants' brief on the ground that they contain or refer to matter dehors the record is held in abeyance and referred to the panel of justices hearing the appeals for determination upon the argument or submission thereof; 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 June 29, 2007, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., GOLDSTEIN, FISHER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court