Appellate Division: Second Judicial Department

M58472

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2006-11955 Bradley Thomsen, appellant, et al., plaintiff, v Suffolk County Police Department, et al., respondents. (Index No. 7712-97)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated November 14, 2006, inter alia, to strike pages 153 through 392 of the record on the ground that those pages contain matter dehors the record and, in effect, for leave to serve and file a supplemental record containing the transcript of the proceedings which occurred before the Supreme Court, Suffolk County, on September 6, 2006.

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 pages 153 through 392 of the record on appeal is granted, and on or before August 24, 2007, the appellant shall either delete or remove that material from the copies of the record on appeal on file with the Clerk of this court or serve and file a replacement record on appeal that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to serve and file a supplemental record containing the transcript of proceedings which occurred on September 6, 2006, is granted and on or before August 24, 2007, the appellant shall serve and file a supplemental record containing the transcript of the proceedings which occurred on September 6, 2006; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court