Appellate Division: Second Judicial Department

M141144

E/ct

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-11550 Westchester Mall, LLC, etc., appellant, v Manoucher Hedvat, et al., respondents. (Index No. 3262/08)

DECISION & ORDER ON MOTION

Motion by the respondent Manoucher Hedvat to dismiss an appeal from an order of the Supreme Court, Nassau County, entered November 9, 2011, on the ground that the order is not appealable as of right, to strike the appellant's appendix on the ground that it contains matter dehors the record, 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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's appendix is granted to the extent that the appellant's appendix is stricken and on or before August 22, 2012, the appellant shall serve and file a replacement that does not contain 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 time of the respondent Manoucher Hedvat to serve and file a brief is enlarged until September 21, 2012, and the brief of the respondent Manoucher Hedvat must be served and filed on or before that date.

FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court