Appellate Division: Second Judicial Department

M84731

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HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2008-03077, 2008-03078, 2008-08195, 2008-10344, 2009-00354 Faith Astrada, respondent, v Hulbert Archer, et al., appellants. (Appeal Nos. 1 and 2) Faith Astrada, respondent, v Hulbert Archer, defendant, Regina Felton, appellant. (Appeal Nos. 3, 4, and 5) (Index No. 34401/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the record on appeals from four orders of the Supreme Court, Kings County, dated February 1, 2008, March 28, 2008, August 7, 2008, and November 21, 2008, respectively, and a judgment of the same court dated October 2, 2008, on the ground that it contains matter dehors the record, to direct the appellant Regina Felton to serve and file a supplemental record, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the branch of the motion which is to strike stated portions of the record is granted to the extent that pages 359 through 366 of the record on the appeals are stricken, and on or before May 12, 2009, the appellant Regina Felton shall remove the stricken material from the copies of the record filed with the Clerk of the court or serve and file a replacement record that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to direct the appellant Regina Felton to serve and file a supplemental record is granted to the extent that on or before May 12, 2009, the appellant Regina Felton shall serve and file a supplemental record containing the following material or include this material in the replacement record noted above:

(1) notice of motion dated November 20, 2007, and supporting affidavit of Faith Astrada dated November 20, 2007, with annexed exhibits;

(2) affirmation of Regina Felton dated March 21, 2008, submitted in opposition to the motion, with annexed exhibits;

(3) transcript of the minutes of the proceedings in the above-entitled action on April 7, 2008;

(4) order of the Supreme Court, Kings County, dated July 19, 2006; and

(5) order of the Supreme Court, Kings County, dated February 6, 2007; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application are granted, the respondent's time to serve and file a brief is enlarged until June 11, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court