Appellate Division: Second Judicial Department

M169457

E/ct

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2013-03558 In the Matter of John H. Gordon, appellant, v NYS Division of Human Rights, et al., respondents. (Index No. 4712/12)

DECISION & ORDER ON MOTION

Motion by the respondent Shop-Rite Supermarkets, Inc., to strike stated portions of the record and the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, dated January 14, 2013, on the ground that they contain or 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 record and the appellant's brief is granted to the extent that pages 38, 40, 47, 48, 56, 57, 61-63, 67, 68, 75, 79, 81, and 82 of the record on appeal and the first paragraph on page 13 of the appellant's brief are stricken, and on or before March 6, 2014, the appellant shall either remove the stricken material from the copies of the record and brief filed with the Clerk of the Court, or serve and file a replacement record and replacement brief that do not contain or refer to the stricken material, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the movant's time to serve and file a brief the movant's time to serve and file a brief is enlarged until April 7, 2014, and the movant's brief must be served and filed on or before that date.

RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court