Appellate Division: Second Judicial Department

M161813

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2012-10605 Marc Zylberberg, appellant, v John F. Wagner, et al., respondents, et al., defendant. (Index No. 6802/10)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike stated portions of the record on an appeal from an order of the Supreme Court, Dutchess County, dated October 10, 2012, to direct the appellant to correct the record on appeal, 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 stated portions of the record on appeal and to direct the appellant to correct the record on appeal is granted, pages 194, 195, 250, 251, 254, and 255 of the record are stricken, and on or before September 25, 2013, the appellants shall remove those pages from the copies of the record on appeal filed with the Clerk of this Court and either replace the black and white photographs and black and white highlighted survey map with color photographs and color highlighted survey map serve or file a supplemental record on appeal containing the replacement color photographs and color highlighted survey map; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until October 21, 2013, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court