Appellate Division: Second Judicial Department

M64890

E/nl

DAVID S. RITTER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-05715 Gateway I Group, Inc., respondent, v Park Avenue Physicians, P.C., defendant, Park Avenue Health Care Management, Inc., et al., appellants. (Index No. 06-03242)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered May 17, 2007, inter alia, to strike the record on appeal and the appellants' brief on the ground that they contain or refer to matter 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 appellants' record and brief is granted, and on or before February 14, 2008, the appellants shall serve and file a replacement record that (1) does not contain the motion papers submitted in connection with the order dated November 16, 2006, and (2) contains the parties' memoranda of law recited in the order entered May 17, 2007, and a brief that does not refer to matter dehors the record; and it is further,

ORDERED that on the court's own motion, the respondent's brief is stricken and the respondent shall serve and file a replacement brief on or before March 17, 2008; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., LIFSON, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court