Appellate Division: Second Judicial Department

M111517

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-02386 George Politis, appellant, v Town of Islip, respondent. (Index No. 5284-06)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated January 26, 2010, to strike the appellant's appendix as inadequate and on the ground that it contains matter dehors the record and direct the appellant to file a replacement appendix, or for leave to file a respondent's appendix, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's appendix and direct the appellant to file a replacement appendix is granted to the extent that pages A63 and A64 are stricken, and on or before December 13, 2010, the appellant shall remove pages A63 and A64 from the copies of the appellant's appendix filed with the Clerk of the Court, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a respondent's appendix is denied as unnecessary as the respondent may serve and file an appendix as of right (see CPLR 5528[b]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief and appendix, if any, is enlarged until January 12, 2011, and the respondent's brief and appendix, if any, must be served and filed on or before that date.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court