Appellate Division: Second Judicial Department

M94521

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2008-07839 In the Matter of Theodore T. (Anonymous), respondent. Charles T. (Anonymous), appellant; Rene Myatt, et al., nonparty-respondents. (Index No. 100060/08)

DECISION & ORDER ON MOTION

Motion by Theodore T. to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 15, 2008, or to strike stated portions of the appellant's brief, and to direct the appellant to serve and file a supplemental record.

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 the portion of the appellant's brief beginning on page 40 with the words "Notice of Settlement was not served" through and ending on page 42 with the words "notwithstanding that the notice to Charles was deficient on its face (R77.1)" is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing (1) an affirmation of Kimberly L. Detherage dated July 14, 2008, and annexed document, and (2) an affirmation of Rene Myatt dated June 24, 2008, is granted, and on or before December 1, 2009, the appellant shall serve and file a supplemental record containing that material; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court