Appellate Division: Second Judicial Department

M100279

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-04105 Margaret Bryan, appellant, v City of Peekskill, et al., respondents. (Index No. 07-13482)

DECISION & ORDER ON MOTION

Motion by the respondents to strike pages 59 through 106 from the record on an appeal from an order of the Supreme Court, Westchester County, entered March 13, 2009, to strike the appellant's brief on the ground that it refers to matter dehors the record, and to enlarge their time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that pages 59 through 106 of the record on an appeal and the appellant's brief are stricken; and it is further,

ORDERED that on or before April 1, 2010, the appellant shall (1) remove pages 59 through 106 from the copies of the record on appeal filed with the Clerk of the court or serve and file a replacement record that does not contain those pages and (2) serve and file a replacement brief that doe not refer to matter dehors the record; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until May 3, 2010, and the respondents' brief must be served and filed on or before that date.

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court