Appellate Division: Second Judicial Department

M135524

E/ct

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ROBERT J. MILLER, JJ.

2011-09087, 2011-09088 Biaggi & Biaggi, Esqs., appellant, v 175 Medical Vision Properties, LLC, et al., respondents. (Index No. 25578/08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Westchester County, entered May 27, 2011, and July 20, 2011, respectively, on the ground, inter alia, that the orders are not appealable as of right, to strike certain material from the record on appeal and the appellant's brief, or, in the alternative, to enlarge the record to include certain material, 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 certain material from the record on appeal and the appellant's brief is granted, pages 122 through 164 of the record are stricken, and on or before April 26, 2012, the appellant shall remove that material from the copies of the record filed with the Clerk of the Court as well as references to that material in the copies of the appellant's brief filed with the Clerk of the Court or serve and file a replacement record and appellant's brief that do not contain or refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondents' brief is granted, the respondents' time to serve and file a brief is enlarged until May 29, 2012, 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.

ANGIOLILLO, J.P., DICKERSON, ENG and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court