Appellate Division: Second Judicial Department

M164756

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-03923 HSBC Bank USA, National Association, etc., respondent, v Rudy Legros, appellant, et al., defendants. (Index No. 6127/08)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Nassau County, entered January 28, 2013, to enlarge the time to serve and file a reply brief, and, in effect, to supplement the record with certain documents.

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 footnote 3 on page 10 and the last sentence on page 10 is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to strike footnote 5 on page 13 is granted, and on or before February 7, 2014, the respondent must remove that material from the copies of the respondent's brief filed with the Clerk of the Court or replace that page with a replacement page that does not contain footnote 5; and it is further,

ORDERED that the branch of the motion which is to enlarge the 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 18, 2014, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is, in effect, to supplement the record is denied as unnecessary, as the documents at issue are contained elsewhere in the record and are appropriately referenced on pages 295 and 297 of the record.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court