Appellate Division: Second Judicial Department

M70157

S/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2007-05366 Cliff Connors, appellant, et al., plaintiff, v Michael K. J. Phillips, et al., respondents. (Index No. 25914/92)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 1, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to reargue that branch of a motion by the respondent Travelers Ins. Co. to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 2, 2007, on the ground that the appendix contains material which is dehors the record, which was granted by decision and order on motion dated February 5, 2008, to the extent that pages 41 through 54 of the appellant's appendix were stricken, or, in the alternative, for leave to serve and file a supplemental appendix or to enlarge the record on appeal.

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

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

ORDERED that on the court's own motion, the decision and order on motion of this court dated February 5, 2008, is amended to enlarge, until April 30, 2008, the appellant's time to delete or remove pages 41 through 54 from the copies of the appellant's appendix filed in the office of the Clerk of the court.

RIVERA, J.P., MILLER, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court