Appellate Division: Second Judicial Department

M94950

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-03866 Bella B. Aloyts, et al., respondents, v 601 Tenants Corp., et al., appellants. (Index No. 30043/06)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the appellants' appendix on an appeal from an order of the Supreme Court, Kings County, dated April 13, 2009, on the grounds that it is inadequate and contains matter dehors the record, and that the hearing transcripts are not settled, 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 strike the appellants' appendix is denied on condition that on or before January 11, 2009, the appellants (1) serve and file a supplemental appendix containing: (a) the affidavit of Marnie Kudon dated June 27, 2008, and (b) the affidavit of Marnie Kudon dated June 30, 2008, (2) remove or delete from the copies of the appellants' appendix filed with the Clerk of the court pages 48 through 84.2, 882, 883, and 1041.1, (3) replace the following pages of the copies of the appellants' appendix filed with the Clerk of the court with pages that do not contain handwritten markings or notations: A 571, 573, 575, 577 through 579, 581, 583, 718, 722, 723, and 727, or (4) file a replacement appendix in compliance with the above directives and (5) settle the transcripts contained in the appellants' appendix; 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, the respondents' time to serve and file a brief is enlarged until March 9, 2010, and the respondents' brief must be served and filed on or before that date.

SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court