Appellate Division: Second Judicial Department

M63853

E/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2007-01110, 2007-01965 Faith Astrada, respondent, v Hulbert Archer, defendant, Regina Felton, etc., appellant. (Index No. 34401/05)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated December 21, 2006, and February 14, 2007, to strike the record on appeal as inadequate and to strike the appellant's brief, inter alia, on the ground that it improperly refers to matter which is dehors the record.

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 record is denied on condition that on or before January 17, 2008, the appellant (1) delete or remove pages 227 through 286 from the copies of the record on appeal filed with the Clerk of the court, and (2) serve and file a supplemental record containing (a) a transcript of the hearing held on February 9, 2007, that is properly settled pursuant to 22 NYCRR 670.10.2(e), and (b) the material annexed as Exhibit K to the affirmation of James T. Gerardi dated October 25, 2007; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's brief is denied without prejudice to the respondent raising those arguments in her brief; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 19, 2008, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court