Appellate Division: Second Judicial Department

M106932

E/ct

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2010-00228, 2010-02615 Donna M. Romeo, appellant, v Ryan Barrella, et al., respondents, et al., defendant. (Index No. 3087/08)

DECISION & ORDER ON MOTION

Motion by the respondents Pietsch Gardens Cooperative, Inc., and Pietsch Gardens Cooperative Board of Directors on appeals from an order of the Supreme Court, Westchester County, entered November 16, 2009, and a judgment of the same court entered January 21, 2010, to strike pages 1381 through 1388 of the record on appeal and references to those pages in the appellant's brief on the ground that they contain or refer to matter dehors the record, to enlarge the record to include a certain letter dated April 7, 2009, and to enlarge the respondents' time to serve and file their briefs. Cross motion by the appellant for the court to take judicial notice of the material on pages 1381 through 1388 of the record on appeal or to enlarge the record to include that material.

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

ORDERED that the branch of the motion which is to strike pages 1381 through 1388 of the record on appeal and references to those pages in the appellant's brief on the ground that they contain or refer to matter dehors the record and the cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include the letter dated April 7, 2009, is granted, and on or before September 13, 2010, the respondents Pietsch Gardens Cooperative, Inc., and Pietsch Gardens Cooperative Board of Directors shall serve and file a supplemental record containing that letter; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their briefs is granted, the respondents' time to serve and file their briefs is enlarged until September 13, 2010, and the respondents' brief must be served and filed on or before that date.

COVELLO, J.P., MILLER, DICKERSON and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court