Appellate Division: Second Judicial Department

M106901

E/ct

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-10285 Douglas Stein, respondent-appellant, v Ted Doukas, et al., appellants-respondents. (Index No. 5623-07)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to strike the record and the appellants-respondents' brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 3, 2009, on the ground that they contain or refer to matter dehors the record and 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 branch of the motion which is to strike the joint record and the appellants-respondents' brief on the ground that they contain or refer to matter dehors the record is granted, and on or before September 13, 2010, the appellants-respondents shall serve and file a replacement joint record that does not include the material contained on pages 70 through 76, 88 through 153, 223 through 237, 242 through 273, 283 through 287, 304 through 351, and 627 through 737 of the original record, and a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court