Appellate Division: Second Judicial Department

M60835

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2006-08994 Charles Bogannam, appellant, v Marianne Bogannam, respondent. (Index No. 388-04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Suffolk County, dated July 18, 2006, to strike the record on appeal and appellant's brief on the grounds that they contain or refer to matter dehors the record and that the record on appeal is inadequate, or, in the alternative, to strike stated portions of the record on appeal and brief 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 appellant's brief is granted, the appellant's brief is stricken, and on or before November 8, 2007, the appellant shall serve and file a replacement brief which does not refer to matter dehors the record and which complies with the rules of the court (see 22 NYCRR 670.10.3); 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 December 10, 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.

MILLER, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court