Appellate Division: Second Judicial Department

M67733

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-08031 6D Farm Corporation, appellant, v Patrick Carr, et al., respondents. (Index No. 05-20314)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated April 26, 2007, to enlarge the record on appeal to include a certain partnership agreement dated July 23, 1943. Cross motion by the respondents to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, and to direct the appellant to serve and file a supplemental record containing certain material.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted; and it is further,

ORDERED that the appellant's brief is stricken and on or before April 16, 2008, the appellant shall serve and file a replacement brief that does not refer to or make arguments concerning the partnership agreement dated July 23, 1943; and it is further,

ORDERED that on or before April 16, 2008, the appellant shall serve and file a supplemental record containing the following documents, which are annexed to the affirmation of Patrick J. Carr, dated February 27, 2008 as Exhibit A:

(1) letter of Patrick Carr dated January 24, 2007, with attached unsigned and undated judgment;

(2) letter of Patrick Carr dated February 12, 2007, with attached affidavit of service and unsigned and undated judgment;

(3) letter of Patrick Carr dated March 7, 2007;

(4) letter of Judah Shapiro dated March 14, 2007.

RIVERA, J.P., ANGIOLILLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court