Appellate Division: Second Judicial Department

M83971

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-07951 Efren Rivera, appellant, v Michelle Komor, et al., respondents. (Index No. 05-1441)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from a judgment of the Supreme Court, Rockland County, dated June 24, 2008, to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter dehors the record, "to add[] certain papers to the [r]ecord on [a]ppeal," 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 or relation thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter dehors the record is denied; and it is further,

ORDERED that the branch of the motion which is "to add[] certain papers to the [r]ecord on [a]ppeal" is denied as unnecessary in light of the stipulation of the parties dated February 24, 2009; 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 and the respondents' time to serve and file a brief is enlarged until April 17, 2009, and the respondents' brief must be served and filed on or before that date.

MASTRO, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court