Appellate Division: Second Judicial Department

M63639

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

THOMAS A. DICKERSON, JJ.

2007-05632 JAR, LLC, respondent-appellant, v Maplewood Gardens Apt. Corp., appellant-respondent, et al., defendants. (Index No. 7099/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated May 18, 2007, to strike the joint record and the appellant-respondent's brief on the ground that they contain or refer to matter dehors the record. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is to strike pages 113 through 144 of the record on appeal is held in abeyance and remitted to the Supreme Court, Nassau County, to report on whether it considered the material on those pages in making the determination that resulted in the order dated May 18, 2007; and it is further,

ORDERED that the branch of the motion which is to strike pages 145 through 166 of the joint record is granted, and the appellant-respondent shall delete or remove that material from the copies of the joint record filed with the Clerk of the Court by a date to be specified by this Court after the Supreme Court, Nassau County, files its report; and it is further,

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

ORDERED that the application is held in abeyance pending the filing of the report of Supreme Court, Nassau County.

MILLER, J.P., SPOLZINO, RITTER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court