Appellate Division: Second Judicial Department

M120273

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2009-08583 Deutsche Bank National Trust Company, etc., respondent, v Eldon Dixon, defendant, Patrick Hollingsworth, Jr., appellant. (Index No. 19036/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue its prior motion, among other things, to dismiss an appeal from an order of the Supreme Court, Queens County, entered July 6, 2009, pursuant to CPLR 5513, 5515, and 5526, which was determined by decision and order on motion of this Court dated January 18, 2011, to strike the record and appellant's brief on the ground that they contain or refer to matter dehors the record and to direct the appellant to serve and file a replacement record and brief, 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 branches of the motion which are to strike the record and appellant's brief on the ground that they contain or refer to matter dehors the record and to direct the appellant to serve and file a replacement record and brief are granted, the record and brief are stricken, and on or before June 16, 2011, the appellant shall serve and file a replacement record that does not contain the material on pages 55 through 249, 253 through 337, and 427 through 494 of the original record on appeal and a replacement brief that does not refer to that 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 denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court