Appellate Division: Second Judicial Department

M84713

E/nl

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2008-02178, 2008-03112 Exzavia Pollard, etc., et al., appellants, v Credit Suisse First Boston Mortgage Capital, LLC, et al., respondents. (and a third-party action) (Appeal No. 1) Exzavia Pollard, etc., et al., appellants, v Credit Suisse First Boston Mortgage Capital, LLC, et al., respondents, et al., defendant (and a third-party action). (Appeal No. 2) (Index No. 870/05)

DECISION & ORDER ON MOTION

Motion by Credit Suisse First Boston Mortgage Capital, LLC, and Fairbanks Capital Corp., to strike pages 1370.1 and 1370.2 of the record on appeals from an order of the Supreme Court, Kings County, dated January 25, 2008, and a judgment of the same court dated March 13, 2008, on the ground that they contain matter dehors the record, "to enlarge the [r]ecord on [a]ppeal to include the signed and sworn signature page (as page 902.1) and errata sheet for Dennis Cook (as page 903.1) . . . with costs thereof to be paid by [the] appellants," and to enlarge their time to serve and file a brief. Application by TGIF, LLC, to so-order a certain stipulation and to enlarge its time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike pages 1370.1 and 1370.2 of the record is granted, and on or before April 17, 2009, the appellants shall remove those pages from the copies of the record on appeal filed with the Clerk of the court; and it is further,

ORDERED that the branch of the motion which is "to enlarge the [r]ecord on [a]ppeal to include the signed and sworn signature page (as page 902.1) and errata sheet for Dennis Cook (as page 903.1) . . . with costs thereof to be paid by [the] appellants," is granted to the extent that on or before April 17, 2009, the appellants shall insert the signed and sworn signature page, and errata sheet for Dennis Cook, as pages 902.1 and 903.1, respectively, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of Credit Suisse First Boston Mortgage Capital, LLC, and Fairbanks Capital Corp. to serve and file a brief is granted, the movant's time to serve and file a brief is enlarged until May 18, 2009, and the movant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to so-order a certain stipulation is denied on the ground that the corrections which are the subject of the stipulation have already been made; and it is further,

ORDERED that the branch of the application which is to enlarge the time of TGIF, LLC, to serve and file a brief is denied as academic as TGIF, LLC, filed a brief on March 9, 2009.

MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court