Appellate Division: Second Judicial Department

M164484

E/nl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-08499 Svetlana Rozenshteyn, appellant, v City of New York, defendant, Beach Haven Group, respondent. (Index No. 28749/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 1, 2012, on the ground that the record on appeal is inadequate and contains matter dehors the record, or to require the appellant to correct the record on appeal and strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record. 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 branches of the motion which are to require the appellant to correct the record on appeal and strike stated portions of the appellant's brief, and the application are granted; and it is further,

ORDERED that pages 82 through 85 and 167 through 170 of the record on appeal are stricken and the material beginning with the second sentence of the second paragraph on page 11 through and inclding the first full paragraph on page 12 and the first paragraph on page 15 of the appellant's brief are stricken; and it is further,

ORDERED that on or before November 15, 2013, the appellant shall replace the photographs on pages 82 through 85 of the copies of the record on appeal filed with the Clerk of the Court with photographs of the same quality as appended to the motion papers as Exhibit A and shall remove pages 167 through 170 from the copies of the record on appeal filed with the Clerk of the Court and remove the above-referenced sections of the appellant's brief from the copies of the brief filed with the Clerk of this Court or serve and file a replacement brief which does not contain the above-referenced sections; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 16, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court