Appellate Division: Second Judicial Department

M107007

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-08937 Theresa E. Guido, et al., appellants, v Patricia A. Lattanzio, et al., respondents. (Index No. 104771/07)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Richmond County, dated August 24, 2009, to strike certain pages of the record and the appellants' brief on the ground that they contain or refer to matter dehors the record, and to enlarge their time to serve and file a brief. Cross motion by the appellants, in effect, to enlarge the record to include the material contained on pages 43 through 82 of the record on appeal.

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

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

ORDERED that the branch of the motion which is to strike certain pages of the record is granted, pages 7, 8, and 43 through 82 of the record on appeal are stricken, and on or before September 13, 2010, the appellants shall remove those pages from the copies of the record filed with the Clerk of the court or serve and file a replacement record that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to strike the appellants' brief is granted, the appellants' brief is stricken, and on or before September 13, 2010, the appellants shall serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is denied as unnecessary.

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

ENTER:

James Edward Pelzer

Clerk of the Court