Appellate Division: Second Judicial Department

M103267

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-07703 Thomas Watkins, appellant, v Albert Martin, respondent. (Index No. 06-4886)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from a judgment of the Supreme Court, Orange County, dated June 23, 2009, on the ground that it is inadequate and contains the appellant's "verified reply to counterclaims" which is dehors the record. By decision and order on motion dated May 6, 2010, the matter was remitted to the Supreme Court, Orange County, to report on whether the appellants "verified reply to counterclaims" was considered by the Supreme Court in issuing the judgment dated June 23, 2009, and the respondent's motion was held in abeyance in the interim. The Supreme Court, Orange County, has issued its report dated May 12, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Orange County, dated May 12, 2010, it is

ORDERED that the motion is granted to the extent that pages 24 through 27 of the record on appeal are stricken and on or before June 4, 2010, the appellant shall remove those pages from the copies of the record on appeal filed with the Clerk of the court and serve and file a supplemental record containing an order of the Supreme Court, Orange County, dated March 14, 2006, and the motion is otherwise denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 6, 2010, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court