Appellate Division: Second Judicial Department

M170481

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2013-09910 In the Matter of Miklos Weinstock, et al., respondents, v Thomas Lieberman, etc., et al., appellants. (Index No. 504092/12)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated October 24, 2013, on the ground that they contain or refer to matter dehors the record, to direct the appellants to file a supplemental record containing certain material, 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 appellants' brief is granted, pages 201 through 207 of the record and the appellants' brief are stricken, and on or before March 25, 2014, the appellants shall delete the stricken pages from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the stricken material, and serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until May 27, 2014, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court