Appellate Division: Second Judicial Department

M146488

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2011-08712 Paul Palmieri, appellant, v Michael A. Biggiani, respondent. (Index No. 9293-10)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's appendix and the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated July 5, 2011, on the ground that they contain or refer to 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 strike the appellant's appendix and the appellant's brief is granted to the extent that pages A304 through A349, A352 through A356, and A359 through A375 of the appellant's appendix as well as the appellant's brief are stricken, and on or before December 17, 2012, the appellant shall remove the pages set forth above from the copies of the appellant's appendix filed with the Clerk of this Court or serve and file a replacement appellant's appendix and serve and file a replacement appellant's brief, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 16, 2013, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., HALL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court