Appellate Division: Second Judicial Department

M66345

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-04637, 2007-05121 Kathleen Swedish, respondent, v Harriet Beizer, appellant. (Index No. 17313-06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated April 23, 2007, as amended by an order of the same court dated May 15, 2007, and an appeal from an order of the same court dated April 24, 2007, inter alia, to strike stated portions of the respondent's brief and appendix on the ground that they refer to or contain matter dehors the record and to enlarge the time to serve and file a reply brief.

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 stated portions of the respondent's brief and appendix is granted to the extent that the following material is stricken from the respondent's brief and appendix:

(1) on page 5 of the brief, the words "is no stranger to the courts. She operates a court reporting service and has been involved in numerous litigations both professionally and personally. However, she" in the first complete paragraph;

(2) on page 6 of the brief, beginning with the words "Needless to say" through the end of the first full paragraph on page 7, ending with "lawful rights of defendants...' [RA-19]"; and

(3) pages RA-18 through RA-23 of the appendix, and that branch of the motion is otherwise denied ; and it is further

ORDERED that on or before March 4, 2008, the respondent shall either delete or remove that material from the copies of the respondent's brief and appendix on file with the Clerk of this court or serve and file a replacement respondent's brief and appendix that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until March 19, 2008, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court