Appellate Division: Second Judicial Department

M130921

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-07901 Shulamit Braver, et al., appellants, v Village of Cedarhurst, respondent. (Index No. 19619/10)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Nassau County, dated July 20, 2011, in effect, on the ground that they contain or refer to matter dehors the record, to take judicial notice of article 1, § 224-1 of the Village Code of the Village of Cedarhurst, 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 branch of the motion which is to strike stated portions of the record and the appellants' brief is granted to the extent that on or before January 18, 2012, the appellants shall remove page 16 from the copies of the record on appeal filed with the Clerk of the Court and replace it with the signed version of the signature page of the affirmation of William T. Leder dated May 16, 2011, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to to take judicial notice of article 1, § 224-1 of the Village Code of the Village of Cedarhurst is granted; 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 February 3, 2012, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court