Appellate Division: Second Judicial Department

M110945

E/ct

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 appellants on an appeal from an order of the Supreme Court, Richmond County, dated August 24, 2009, for leave to reargue and renew (1) the respondents's prior motion, inter alia, 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 (2) the appellants' prior cross motion, in effect, to enlarge the record to include the material contained on pages 43 through 82 of the record on appeal, which were determined by decision and order on motion dated August 13, 2010.

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

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

ORDERED that the appellants' time to comply with the decision and order on motion dated August 13, 2010, by removing pages 7, 8, and 43 through 82 of the copies of the record on appeal filed with the Clerk of the Court or serving and filing a replacement record that does not contain the stricken material, and by serving and filing a replacement brief that does not refer to the stricken material is extended until November 30, 2010.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court