Appellate Division: Second Judicial Department

M116810

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-06944 Alexer Munoz, appellant, v Jimmie Irzarri, et al., respondents. (Index No. 14521/08)

DECISION & ORDER ON MOTION

Motion by the respondents Jimmie Irzarri and New York City Transit Authority to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 3, 2010, on the ground that the record on appeal contains matter dehors the record or, alternatively, to direct the appellant to file a replacement record and to enlarge the respondents' time to serve and file their respective briefs.

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

ORDERED that the branch of the motion which is to direct the appellant to file a replacement record is granted to the extent that on or before March 25, 2011, the appellant shall remove pages 333 through 368 from the copies of the record on appeal filed with the Clerk of the Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until April 26, 2011, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court