Appellate Division: Second Judicial Department

M96512

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-10496 Salvatore Romanelli, appellant, v Maria Disilvio, et al., respondents. (Index No. 8083/08)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, entered October 10, 2008, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record and to enlarge the time to serve and file their brief. Separate motion by the appellant to enlarge the record to include certain documents.

Upon the papers filed in support of the motions, the papers filed in opposition to the respondents' motion, and no papers having been filed in opposition or in relation to the appellant's motion, it is

ORDERED that the branch of the respondents' motion which is to strike stated portions of the appellant's brief is granted to the extent that the following material is stricken:

(1) the last nine lines on page 6, which begin with the words "In 1989" and end with the words "second lots in Florida";

(2) the thirteenth and fourteenth lines on page 7, which begin with the words "In 2001" and end with the word "Tri-Equity";

(3) the second to last sentence on page 7, which begins with the words "In 2003" and ends with the words "90 Horton Avenue";

(4) the fourth through ninth lines on page 8, which begin with the words "In 2008" and end with the words "some of the petitions";

(5) the last eight lines on page 8, which begin with the words "In my prior pleadings" and end with the words "residential use permit"; and

(6) the last five lines on page 9, which begin with the words "I remember telling" and end with the words "Florida properties next"; and it is further,

ORDERED that on or before January 14, 2010, the appellant shall remove the stricken material from the copies of the brief filed in the Clerk of the court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the respondents' motion which is to enlarge the time to serve and file their brief is granted, and the respondent's time to serve and file a brief is enlarged until February 16, 2010, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondents' motion is otherwise denied; and it is further,

ORDERED that the appellant's motion is denied.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court