Appellate Division: Second Judicial Department

M122536

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-09411 George Lambert, et al., appellants, v Martin Sklar, et al., respondents. (Index No. 04-12732)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the record on an appeal from an order of the Supreme Court, Westchester County, dated July 12, 2010, as inadequate and dismiss the appeal or, alternatively, to direct the appellants to file a replacement record and enlarge their time to serve and file a respondents' 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 the record and direct the appellants to file a replacement record is granted, and on or before July 22, 2011, the appellants shall serve and file a replacement record that omits the material on pages 7 through 87 of the original record and includes the following material: (1) notice of motion dated November 17, 2009, (2) affidavit of Martin Sklar dated November 17, 2009, and annexed exhibits A through DD, (3) Exhibit B to the affidavit of George Lambert dated February 4, 2010; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until August 22, 2011, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court