Appellate Division: Second Judicial Department

M91868

E/cb

PETER B. SKELOS, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

SHERI S. ROMAN, JJ.

2008-07918 Adrienne Raville, respondent, v Salah Elnomany, appellant. (Index No. 06-8078)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered December 30, 2008, on the ground that the record is inadequate or contains matter dehors the record, or to direct the appellant to file a supplemental record 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 thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that the record on appeal and the appellant's brief are stricken and on or before October 14, 2009, the appellant shall serve and file a replacement record that does not contain the material listed in paragraph 21 of the affirmation filed in support of the respondent's motion and that includes the transcripts of the proceedings on September 19, 2007, and September 20, 2007, and a replacement brief that does not refer to the omitted material; at the time of filing of the replacement record, the appellant shall also move to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal; and it is further,

ORDERED that the respondent shall be given a date to file a brief when the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is determined; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., COVELLO, ANGIOLILLO and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court