Appellate Division: Second Judicial Department

M112089

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-03176 Syoma Leviev, appellant, v Bebe Stores, Inc., defendant third-party plaintiff-respondent; County of Nassau, et al., third-party defendants-respondents. (Index No. 29163/07)

DECISION & ORDER ON MOTION

Motion by Bebe Stores, Inc., to strike stated portions of the record and the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated February 5, 2010, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the record and the appellant's brief is granted to the extent that pages 7 through 11, 15 through 18, 51 through 58, 67 through 71, 113 through 126, and 138 through 155 of the record on appeal and the appellant's brief are stricken, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on or before January 10, 2011, the appellant shall remove the stricken material 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 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 time to serve and file a brief is granted, the time of Bebe Stores, Inc., to serve and file a brief is enlarged until February 9, 2011, and the brief of Bebe Stores, Inc., must be served and filed on or before that date.

MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court