Appellate Division: Second Judicial Department

M169564

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-06827 Serrita Stone, respondent, v Elena Zinoukhova, et al., defendants, Sanitation Salvage Corp., et al., appellants. (Index No. 14181/10)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated May 6, 2013, on the ground that they refer to matter dehors the record 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 appellants' brief is granted, the material beginning with the words "Mr. Downey testified" in the first paragraph on page 5, through the words "Mr. Powell could be located," at the end of the first full paragraph on page 6, and footnote 1 on page 5 are stricken, and on or before February 28, 2014, the appellants shall delete the stricken material from the copies of the briefs filed with the Clerk of the Court, or serve and file a replacement brief that does 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 is granted the respondent's time to serve and file a brief is enlarged until March 31, 2014, 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.

SKELOS, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court