Appellate Division: Second Judicial Department

M68992

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2007-07079 Deborah Shapiro Kurtzman, plaintiff, v Kenneth Bergstol, et al., defendants, Milton B. Shapiro, et al., appellants; Sheriff of Rockland County, nonparty- respondent. (Index No. 01-493)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent on an appeal from an order of the Supreme Court, Rockland County, dated June 15, 2007, inter alia, to strike stated portions of the record on appeal on the ground that it contains matter dehors the record, to strike stated portions of the appellants' brief on the ground that it raises arguments not properly before this court, 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 the branch of the motion which is to strike stated portions of the appellants' brief on the ground that it raises arguments not properly before this court is denied without prejudice to raising the issue in the nonparty-respondent's brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the nonparty-respondent's time to serve and file a brief is enlarged until May 12, 2008, and the nonparty-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., DILLON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court