Appellate Division: Second Judicial Department

M125905

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-00775 Judith Friedman, et al., respondents-appellants, v Progressive Direct Insurance Company, appellant-respondent. (Index No. 33074/09)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to strike stated portions of the record and the appellant-respondent's brief on an appeal from an order of the Supreme Court, Kings County, dated September 16, 2010, on the ground they contain or refer to matter dehors the record, and to enlarge their time to serve and file an answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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

ORDERED that the motion is granted, pages 344 through 368 of the record on appeal and the material starting with the first complete paragraph on page 5 through the end of page 6 and the second sentence of the first complete paragraph on page 8 of the appellant-respondent's brief are stricken, and on or before October 3, 2011, the appellant-respondent shall remove the stricken material from the copies of the record and the appellant-respondent'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 respondents-appellants shall serve and file an answering brief, including their points of argument on the cross appeal, on or before November 2, 2011 (see 22 NYCRR 670.8[c][3]).

RIVERA, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court