Appellate Division: Second Judicial Department

M167993

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-03461 Regina Farage, appellant, v Lance Ehrenberg, respondent. (Index No. 7325/11)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on the ground that it refers to matter dehors the record and does not to comply with the decision and order on motion of this Court dated October 28, 2013, which directed the respondent to serve and file a brief that did not refer to matter dehors the record, to impose a sanction upon the respondent, and for an award of costs and an attorney's fee, and to enlarge the time to serve and file a reply brief. Cross motion by the respondent to strike the appellant's brief on the ground that it refers to matter dehors the record.

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 branch of the motion which is to strike the respondent's brief is granted to the extent that page 10 of the respondent's brief is stricken, and on or before January 28, 2014, the respondent shall remove that page from the copies of the respondent's brief filed with the Clerk of the Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until February 13, 2014, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court