Appellate Division: Second Judicial Department

M99585

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-08881, 2009-11077 George T. Maurice, appellant, v Ann Maurice, etc., et al., respondents. (Index No. 34172/07)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from a judgment of the Supreme Court, Kings County, dated May 19, 2009, and an order of the same court dated July 10, 2009, to enlarge the record to include certain motion papers dated December 3, 2008, to strike pages 10 through 20 of the record on appeal, and to enlarge the time to serve and file a brief. Application by the respondents 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 enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to strike pages 10 through 20 of the record on appeal is granted, and on or before March 25, 2010, the appellant shall remove the stricken material from the copies of the record on appeal filed with the Clerk of the court; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief and the application for the same relief are granted, the respondents' time to serve and file a brief is enlarged until April 26, 2010, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court