Appellate Division: Second Judicial Department

M82640

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-05786 Aurora Loan Services, respondent, v Philip Grant, appellant, et al., defendant. (Index No. 43363/07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated May 29, 2008, to strike the appellant's appendix and brief on the ground that the appendix is incomplete or contains matter dehors the record and the brief refers to matter dehors the record, or, if necessary, 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 pages A.185 through A.240 of the appellant's appendix and to strike the appellant's brief is granted; and it is further,

ORDERED that on or before March 23, 2009, the appellant shall delete or remove the stricken material from the copies of the appellant's appendix filed with the Clerk of the court and shall serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until April 22, 2009, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court