Appellate Division: Second Judicial Department

M127487

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

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 appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 16, 2010, to extend the time to comply with a decision and order on motion of this Court dated September 19, 201, which directed it to remove certain material from the copies of the record and its brief filed with the Clerk of the Court or serve and file replacements that do not contain or refer to that material, on or before October 3, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before November 2, 2011, the appellant-respondent shall remove 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, or serve and file a replacement record on appeal and appellant-respondent's brief that do not contain or refer to that material; and it is further,

ORDERED that on the Court's own motion, the respondents-appellants' time to serve and file an answering brief is enlarged, and the respondents-appellants' shall serve and file an answering brief, including their points of argument on the cross appeal, if any, on or before December 2, 2011 (see 22 NYCRR 670.8[c][3]).

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court