Appellate Division: Second Judicial Department

M58338

E/nl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-07522 Jeanne Schimicci, appellant, v Dermpath, Inc., et al., respondents. (and a third-party action) (Index No. 9826/99)

DECISION & ORDER ON MOTION

Motion by the respondents Dermpath, Inc., Pathsource, Inc., Edward H. Heilman, and Robert J. Friedman, inter alia, to strike the record on an appeal from an order of the Supreme Court, Kings County, dated May 23, 2006, and the appellant's brief on the ground that they contain or refer to matter dehors the record. Application by the respondents Dermpath, Inc., Pathsource, Inc., Edward H. Heilman, and Robert J. Friedman pursuant to 22 NYCRR 670.8(d)(2) 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 to the extent that pages 1358 through 1402 of the record on appeal and the appellant's brief are stricken, and on or before August 30, 2007, the appellant shall remove pages 1358 through 1402 from the copies of the record on appeal on file with the Clerk of the court, as well as serve and file a replacement brief that does not refer to the stricken material; and it is further,

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

ORDERED that the application to enlarge the time to serve and file a brief is denied as unnecessary as the brief was timely filed; and it is further,

ORDERED that the brief of the respondents Dermpath, Inc., Pathsource, Inc., Edward H. Heilman, and Robert J. Friedman is stricken, and on or before September 29, 2007, the respondents Dermpath, Inc., Pathsource, Inc., Edward H. Heilman, and Robert J. Friedman shall serve and file a replacement brief.

PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court