Appellate Division: Second Judicial Department

M65751

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2007-05366 Cliff Connors, appellant, et al., plaintiff, v Michael K. J. Phillips, et al., respondents. (Index No. 25914/92)

DECISION & ORDER ON MOTION

Motion by the respondent Travelers Ins. Co., inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 2, 2007, on the ground that the appendix contains material which is dehors the record. Separate motion by the respondent Michael K. J. Phillips, inter alia, to dismiss the appeal insofar as asserted against him on the ground that he is not a proper respondent on the appeal.

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

ORDERED that the branch of the motion of the respondent Travelers Insurance Co. which is to dismiss the appeal is granted to the extent that pages 41 through 54 of the appellant's appendix are stricken, and on or before February 19, 2008, the appellant shall delete or remove that material from the copies of the appellant's appendix filed in the office of the Clerk of the court, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion of the respondent Michael K. J. Phillip which is to dismiss the appeal insofar as asserted against him is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motions are otherwise denied.

RIVERA, J.P., MILLER, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court