Appellate Division: Second Judicial Department

M95228

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-02207 Jose Solano, plaintiff-respondent, v Andrew Castro, defendant third-party defendant-appellant, Larry Rabideau Associates, Inc., defendant third-party plaintiff-respondent, et al., defendant. (Index No. 5777/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to enlarge the record on an appeal from an order of the Supreme Court, Dutchess County, dated November 25, 2008, to include a prior order of the same court.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on or before December 15, 2009, the plaintiff-respondent shall remove the following material from her brief:

(1) the third complete paragraph on page 11, which begins with the words "At a Court conference" and ends with the words "the third-party action"; and

(2) the first and second paragraphs on page 23 which begins with the words "First and foremost" and ends with the words "was unnecessary"; and it is further,

ORDERED that on or before December 15, 2009, Andrew Castro shall remove the following material from his reply brief:

(1) the last paragraph on page 5, which begins and ends with the word "Plaintiff-Respondent";

(2) the first and second paragraph on page 6, which begins with the word "Defendant-Appellant" and ends with the cite "(R. 7-9)";

(3) the second paragraph on page 7, which begins and ends with the word "Plaintiff-Respondent";

(4) the first complete paragraph on page 8, which begins with the words "Instead, Plaintiff-Respondent" and ends with the words "exhibit thereto"; and

(5) the first complete paragraph on page 8, which begins with the word "Interestingly" and ends with the cite "(R. 53)."

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

ENTER:

James Edward Pelzer

Clerk of the Court