Appellate Division: Second Judicial Department

M158821

E/nl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-10940 Doreen Harris, etc., appellant, v City of New York, et al., respondents, et al., defendants. (Index No. 17709/11)

DECISION & ORDER ON MOTION

Motion by the respondents Napco Holdings LLC, and Peter Nakos to strike the record on an appeal from an order of the Supreme Court, Kings County, dated August 14, 2012, on the ground that it contains matter dehors the record, or, in the alternative, 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 respondents' motion is granted, and the record on appeal is stricken; and it is further,

ORDERED that on the Court's own motion, the appellant's brief is stricken; and it is further,

ORDERED that on or before August 2, 2013, the appellant shall serve and file a replacement record and a replacement brief that contains or refers only to the papers filed with the Supreme Court, Kings County, in connection with the order on appeal; and it is further,

ORDERED that the respondent City of New York and the respondent Ezra Cohen may serve and file replacement briefs on or before September 3, 2013, if they be so advised; and it is further,

ORDERED that the time of the respondents Napco Holdings LLC, and Peter Nakos to serve and file a brief is enlarged until September 3, 2013, and the brief must be served and filed on or before that date.

SKELOS, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court