Appellate Division: Second Judicial Department

M64283

E/sl

STEVEN P. FISHER, J.P.

ROBERT A. LIFSON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-01280, 2007-06801 Linda Levy, appellant, v Kung Sit Huie, et al., respondents. (Index No. 10506/04)

DECISION & ORDER ON MOTION

Separate motions by the respondent Tavella Plumbing & Heating Corp. and the respondent B & P Chimney Cleaning & Repair Co., Inc., on appeals from two orders of the Supreme Court, Queens County, dated January 9, 2007 and June 26, 2007, respectively, to strike pages 1553 through 2045 of the record on appeal as well as all references to those pages in the appellant's brief on the ground that they contain or refer to matter dehors the record. Separate motion by the respondents Kung Sit Huie and Bill Kong Chuck Huie to dismiss the appeal, or, in the alternative, to strike pages 19 through 21d and 1553 through 2045 of the record on appeal as well as all references to those pages in the appellant's brief on the ground that they contain or refer to matter dehors the record. Application by the respondents Kung Sit Huie and Bill Kong Chuck Huie pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that the application is granted, the time of the respondents Kung Sit Huie and Bill Kong Chuck Huie to serve and file a brief is enlarged until January 18, 2008, and the brief of the respondents Kung Sit Huie and Bill Kong Chuck Huie must be served and filed on or before that date.

FISHER, J.P., LIFSON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court