Appellate Division: Second Judicial Department

M131951

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-10533 Margaret Yu, appellant, Dino Gentile, etc., et al., respondents. (Index No. 07-7966)

DECISION & ORDER ON MOTION

Motion by the respondents to strike pages 82 through 391 of the record and the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, entered September 30, 2010, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion, in effect, to enlarge the record to include certain material contained in the record on appeal or for the Court to take judicial notice of that material.

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

ORDERED that the motion is granted, pages 82 through 391 of the record and the appellant's brief are stricken, and on or before February 21, 2012, the appellant shall either remove the stricken material from the copies of the record filed with the Clerk of the Court or serve and file a replacement record, and serve and file a replacement brief; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until March 22, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court