Appellate Division: Second Judicial Department

M161566

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-11587 Solomon Ryles, appellant, v Jeffrey C. Weiner, et al., defendants, Jacobowitz & Gubits, LLC, respondent. (Index No. 4506/10)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, entered October 12, 2012, inter alia, to strike stated portions of the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike pages A187 through A191, A204, and A205 of the appellant's appendix and Point III and footnote 4 on pages 14 and 15 of the appellant's brief is granted, that material is stricken, and on or before September 24, 2013, the appellant shall either remove that material from the copies of the appellant's appendix and appellant's brief filed with the Clerk of the Court or serve and file replacements that do not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until October 24, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SKELOS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court