Appellate Division: Second Judicial Department

M104491

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-07371 Alexander Breytman, appellant, v Wiener Realty, LLC, etc., et al., respondents. (Index No. 33073/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2009, to strike portions of the respondents' appendix on the ground that they contain matter dehors the record and, in effect, to vacate so much of a decision and order on motion dated May 5, 2010, as directed him to pay for the cost of that appendix as a condition of the denial of a cross motion to dismiss the appeal. Cross motion by the respondents to preclude the appellant "from commencing any further litigation" without prior approval of this court and for an award of an attorney's fee and costs.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition thereto, it is

ORDERED that the motion and the cross motion are denied; and it is further,

ORDERED that the appellant's time to comply with condition contained in the decision and order on motion dated May 5, 2010, by paying the respondents for the cost of the respondents' appendix, and filing proof of payment with this court is extended until July 14, 2010.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court