Appellate Division: Second Judicial Department

M152199

T/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-04033, 2012-04820 Robin Pastrana, et al., respondents, v Helaine Atlas Cutler, et al., appellants. (Index No. 11-59184)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated April 17, 2012, inter alia, to strike the respondents' brief on the ground that it refers to matter dehors the record and to enlarge the time to serve and file a reply brief. Cross motion by the respondents, in effect, to enlarge the record on appeal to include certain material.

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

ORDERED that the branch of the motion which is to strike the respondents' brief is granted, and on or before March 21, 2013, the respondents shall serve and file a replacement brief that 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 reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until April 5, 2013, and the appellants' reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court