Appellate Division: Second Judicial Department

M76155

E/sl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-01657 Bais Yoel Ohel Feige, etc., et al., appellants- respondents, v Congregation Yetev Lev D'Satmar of Kiryas Joel, respondent-appellant. (Index No. 04-4075)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal from a judgment of the Supreme Court, Orange County, entered February 14, 2008, inter alia, to vacate so much of a decision and order on motion of this court dated June 13, 2008, as required them to file a replacement joint appendix containing color copies of the photographs in an exhibit on pages 727 through 776, and, in effect, to enlarge their time to serve and file the replacement joint appendix. Application by the appellants-respondents, joined by the respondent-appellant, to enlarge the record to include those color photographs. Separate motion by the respondent-appellant to strike stated portions of the appellants-respondents' brief on the ground that it refers to matter dehors the record and to enlarge the time to serve and file an answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

Upon the papers filed in support of the motions and the application, no papers having been filed in opposition or in relation to the appellants-respondents' motion, and the papers filed in opposition to the respondent-appellant's motion, it is

ORDERED that the branch of the appellants-respondents' motion which is to vacate so much of the decision and order on motion of this court dated June 13, 2008, as required them to file a replacement joint appendix containing color copies of the photographs in an exhibit on pages 727 through 776 is granted, and that portion of the decision and order on motion of this court dated June 13, 2008, is vacated; and it is further,

ORDERED that the branch of the appellants-respondents' motion which is, in effect, to enlarge the time to serve and file the replacement joint appendix is granted, the time to serve and file the replacement joint appendix is enlarged until October 14, 2008, and the replacement joint appendix must be served and filed on or before that date; and it is further,

ORDERED that the appellants-respondents' motion is otherwise denied; and it is further,

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

ORDERED that the respondent-appellant's motion is granted; and it is further,

ORDERED that the following material is stricken from the appellants-respondents' replacement brief:

(1) the paragraph starting on page 5, with the words "Responding to these counterclaims" and ending on page 6 with the words "Statute of limitations (A-50-57).";

(2) footnote 2 on page 6;

(3) the material beginning with the third sentence of the final paragraph on page 8, which starts with the words "Before CYLD," through the first sentence of the first full paragraph on page 9, which sentence ends with the words "but its expansion.";

(4) footnote 4 on page 9; and

(5) Point I on pages 16 through 17;

and it is further,

ORDERED that on or before October 14, 2008, the appellants-respondents shall either delete or remove the stricken material from the copies of the appellants-respondents' replacement brief that are filed with the Clerk of the court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the respondent-appellant's time to serve and file an answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until November 13, 2008, and the answering brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court