Appellate Division: Second Judicial Department

M116251

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-03260, 2010-03964 Kolel Damsek Eliezer, Inc., appellant, v Victor Schlesinger, etc., et al., respondents. (Index No. 9261/06)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Kings County, dated March 15, 2010, and April 13, 2010, respectively, (1) to dismiss the appeal from the order dated April 13, 2010, on the ground that the appellant failed to raise any issue regarding that order in its brief, (2) to strike certain pages from the record on appeal and references to that material from the appellant's brief on the ground that the record and brief contain or refer to matter dehors the record, and (3) 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 branch of the motion which is to strike pages 249 through 1657 and pages 2,280 through 2,380 from the record on appeal and references to that material from the appellant's brief on the ground that they contain or refer to matter dehors the record is granted; and it is further,

ORDERED that on or before April 1, 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 replacements that do not contain or 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 respondents' time to serve and file a brief is enlarged until April 15, 2011, and the respondents' brief shall 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