Appellate Division: Second Judicial Department

M139714

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-09258 Christopher Selletti, respondent, v Thomas F. Liotti, appellant. (Index No. 11169/00)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's replacement brief on an appeal from an order of the Supreme Court, Queens County, entered January 26, 2010, on the grounds that it refers to matter dehors the record, and does not comply with the rules of the Court 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 or relation thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's replacement brief is granted, and on or before July 23, 2012, the appellant shall serve and file a second replacement brief that complies with the rules of the Court (see 22 NYCRR 670.10.3[g][iv]; and does not 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 brief is granted, the respondent's time to serve and file a brief is enlarged until August 22, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court