Appellate Division: Second Judicial Department

M115840

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-06048 Maureen O'Connor, plaintiff, v Eugene O'Connor, respondent; Sallah Law Firm, P.C., nonparty-appellant. (Index No. 36100-08)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated June 1, 2010, to strike stated portions of the record on appeal and the appellant's brief 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 motion is granted; and it is further,

ORDERED that page R.186 of the record on appeal is stricken; and it is further,

ORDERED that the following material is stricken from the appellant's brief:

(1) the paragraph heading on page 16, that contains the words "7. Arbitration Decision in Favor of Non-Party Appellant" and the paragraph following that subject heading; and

(2) the paragraph beginning on page 26 with the words "Regardless" and ending on page 27, with the word "unopposed"; and it is further,

ORDERED that on or before March 9, 2011, the appellant shall remove the stricken material from the copies of the record on appeal and the appellant's brief filed with the Clerk of the Court or serve and file a replacement record and a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until April 8, 2011, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court