Appellate Division: Second Judicial Department

M60603

E/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

WILLIAM E. McCARTHY, JJ.

2007-04295 Nohar Singh, respondent, v Sahadeo Sukhram, et al., appellants. (Index No. 10162/06)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated March 26, 2007, to strike the appellants' record and the brief of the appellant Buddy D. Ramsaran on the grounds that the record is incomplete or that the record and brief contain or refer to matter dehors the record, or, in the alternative, to direct the appellants to file a supplemental record containing certain documents 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 (1) the branch of the motion which is to strike the appellants' record and the brief of Buddy D. Ramsaran is granted to the extent that pages 323 through 330 and 349 through 358 of the record on appeal and (2) the last two sentences of page 10 of the brief beginning with "it was the report" and ending with "operating blindly," are stricken, and on or before October 22, 2007, the appellant Buddy D. Ramsaran shall delete or remove that material from the copies of the records and briefs filed with the Clerk of the court; and it is further,

ORDERED that the branch of the motion which is to direct the appellants to file a supplemental record is granted to the extent that on or before October 22, 2007, the appellants shall serve and file a supplemental record containing the following:

(1) affirmation of Norman N. Bluth dated October 31, 2006;

(2) affidavit of Jassoda Bharat dated October 31, 2006;

(3) missing two pages of the RADI form for the Notice of Appeal filed by Frank Singh; 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 November 21, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., SPOLZINO, KRAUSMAN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court