Appellate Division: Second Judicial Department

M67900

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-07064 Katherine Jones, et al., appellants, v William Cummings, et al., defendants, Andrew Goldenberg, et al., respondents. (Index No. 45-04)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Rockland County, dated June 19, 2007, on the ground that the appellants' brief refers to matter dehors the record, to strike the appellants' brief, and to enlarge the time to serve and file a brief.

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

ORDERED that on the court's own motion, the exhibit filed with in the office of the Clerk of the court on January 14, 2008, consisting of the transcript of the deposition of Andrew Goldenberg which was conducted on August 2, 2006 is stricken; and it is further,

ORDERED that the branch of the motion which is to strike the appellants' brief on the ground that it refers to matter dehors the record is granted, and on or before April 9, 2008, the appellants shall serve and file a replacement brief that does not refer to the deposition transcript of Andrew Goldenberg; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted and the respondents shall serve and file their brief in accordance with the rules of the court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court