Appellate Division: Second Judicial Department

M122009

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-04851 Samina Khan, respondent, v Farrukh Khan, appellant. (Index No. 201830/09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on an appeal from a judgment of the Supreme Court, Nassau County, entered April 14, 2010, to dismiss the appeal on the ground that the record on appeal is inadequate, 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 to thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is granted to the extent that the following material is stricken from the appellant's brief:

(1) third full paragraph on page 2;

(2) material beginning on page 3 with the words "Indeed, reflecting her animosity" and continuing through the end of page 4, including footnote 1 on page 4;

(3) first full paragraph on page 8;

(4) the sentence beginning at the bottom of page 32 with the words "Her testimony" and ending on page 33 with the words "was pointed out to her"; and

(5) the phrase on the top of page 42 containing the words "both because there is an innocent explanation of this act as one of custom, and"; and it is further,

ORDERED that on or before July 11, 2011, the appellant shall remove the stricken material from the copies of the brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before July 11, 2011, the appellant serves and files either a supplemental record containing all trial exhibits or a motion or stipulation pursuant to 22 NYCRR 670.10.2(b)(6)(ii); 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 respondent's time to serve and file a brief is enlarged until August 10, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court