Appellate Division: Second Judicial Department

M170158

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2013-07668 Leon Silverman, etc., et al., respondents, v Sammy El Jamal, etc., appellant. (Index No. 11-52114)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the record and the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, dated July 9, 2013, on the ground that they contain or 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 motion is granted, the record on appeal and the appellant's brief are stricken, and on or before March 31, 2014, the appellant shall serve and file a replacement record that contains only the motion papers filed with the Supreme Court, Westchester County, that resulted in the order dated July 9, 2013, and a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the application is denied as unnecessary.

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

ENTER:

Aprilanne Agostino

Clerk of the Court