Appellate Division: Second Judicial Department

M101874

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT, JJ.

2009-09141, 2010-00096 Tom Dellis, respondent, v John Dellis, et al., appellants. (Index No. 9528/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Queens County, dated August 10, 2009, and a judgment of the same court dated December 16, 2009, on the ground that the record on appeal is inadequate and the appellants failed to settle the transcript, to strike the record on appeal, or 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, it is

ORDERED that the motion is granted to the extent that the record on appeal and the appellants' brief are stricken, and on or before May 24, 2010, the appellants shall serve and file a replacement record on appeal that contains a settled transcript of the minutes of the proceedings on December 7, 2009, and that does not contain the material on pages 54 through 73 and 77 through 209 of the present record on appeal, and a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the respondent shall serve and file his brief in response to the appellants' replacement brief in accordance with the rules of the court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., FLORIO, ANGIOLILLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court