Appellate Division: Second Judicial Department

M68487

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

ARIEL E. BELEN, JJ.

2007-05892 Ryan Peek, et al., plaintiffs-respondents, v John Scialdone, defendant third-party plaintiff- appellant, et al., defendants; Craig M. Wallace, et al., third-party defendants-respondents. (Index No. 778/06)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant on an appeal from an order of the Supreme Court, Dutchess County, dated May 22, 2007, to strike stated portions of the respondents' briefs on the ground that they refer to matters dehors the record, to direct the respondents to file replacement briefs, to take judicial notice of a certain preliminary conference order, and to enlarge the time to serve and file a reply brief. Separate motion by the defendant third-party plaintiff-appellant, inter alia, to enforce a certain stipulation and to fix an undertaking.

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 which is to enlarge the time to serve and file a reply brief is granted, the time to serve and file a reply brief is enlarged until April 22, 2008, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the respondents' briefs is denied without prejudice to raising the arguments in the reply brief; and it is further,

ORDERED that the branches of the motion which are to direct the respondents to file replacement briefs and to take judicial notice of a certain preliminary conference order are denied; and it is further,

ORDERED that the motion, inter alia, to enforce a certain stipulation and to fix an undertaking is denied.

RIVERA, J.P., SKELOS, SANTUCCI and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court