Appellate Division: Second Judicial Department

M97032

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

FRED T. SANTUCCI, JJ.

2008-11165 Goldsmith Motors Corp., respondent, v Chemical Bank, appellant. (Index No. 16310/94)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated August 13, 2008, inter alia, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is granted, the second sentence of the first full paragraph and the second sentence of the second full paragraph on page 15 are stricken, and on or before January 27, 2010, the appellant shall remove that material from the copies of the brief filed in the office of the Clerk of the court; and it is further,

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

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until February 26, 2010, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., RIVERA, COVELLO and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court