Appellate Division: Second Judicial Department

M159385

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2013-05147 Independent Temperature Control Services, Inc., plaintiff, v WDF, Inc., et al., appellants, M.A. Angeliades, Inc., et al., respondents, et al., defendant. (Index No. 2107/11)

DECISION & ORDER ON MOTION

Motion by the respondent M.A. Angeliades, Inc., to strike pages 234 through 444 of the appellants' appendix on an appeal from an order of the Supreme Court, Queens County, dated March 6, 2013, on the ground that those pages contain matter dehors the record, to strike the appellants' brief on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellants to enlarge the record to include the material contained on pages 234 through 444 of the appellants' appendix.

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

ORDERED that the motion is granted, pages 234 through 444 of the appellants' appendix and the appellants' brief are stricken, and on or before August 16, 2013, the appellants shall remove those pages from the copies of the appellants' appendix filed with the Clerk of the Court or serve and file a replacement appendix that does not contain the material on those pages, and serve and file a replacement brief that does not refer to the material on those pages; and it is further,

ORDERED that the movant's time to serve and file a brief is enlarged until September 16, 2013, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court