Appellate Division: Second Judicial Department

M55169

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-09173 Almeida Oil Co., Inc., et al., plaintiffs- respondents, v Singer Holding Corp., defendant third-party plaintiff-appellant- respondent; West Vernon Petroleum Corp., third-party defendant-respondent-appellant. (Index No. 03-01829)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Westchester County, to strike stated portions of the brief of the defendant third-party plaintiff-appellant-respondent on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the third-party defendant-respondent-appellant's time to serve and file a brief is enlarged until June 28, 2007, and the third-party defendant-respondent-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the plaintiffs-respondents shall serve and file their brief, if any, on or before August 2, 2007; the defendant third-party plaintiff-appellant-respondent shall serve and file its reply brief, if any, on or before September 6, 2007; and the third-party defendant-respondent-appellant shall serve and file its reply brief, if any, on or before September 21, 2007.

FLORIO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court