Appellate Division: Second Judicial Department

M104490

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2009-04150, 2009-05275 In the Matter of Abraham Klein, respondent, v Christine Persaud, et al., appellants. (Index No. 8007/09)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellants' brief and appendix on an appeal from an order of the Supreme Court, Kings County, dated May 4, 2009, on the ground that they contain or refer to matter dehors the record, and to enlarge his 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 on the motion is granted; and it is further,

ORDERED that pages A10 through A197 and A479 through A480 of the appellants' appendix and the first three sentences of the last paragraph on page 7 of the appellants' brief, including the references to the appendix at the end of those sentences, are stricken; and it is further,

ORDERED that on or before July 9, 2010, the appellants shall either remove that material from the copies of the appellants' brief and appendix filed with the Clerk of the court or serve and file replacements that do not contain the stricken material; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until August 9, 2010, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., SANTUCCI, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court