Appellate Division: Second Judicial Department

M172160

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-06496 Gladys M. Gouvea, appellant, v Juan J. Lesende, et al., respondents. (Index No. 10-16924)

DECISION & ORDER ON MOTION

Motion by the respondents to strike Point II of the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, entered April 5, 2013, on the ground that it refers to matter dehors the record and improperly raises issues not properly before the Court. Cross motion by the appellant to enlarge the record to include a certain medical report.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, Point II of the appellant's brief is stricken, and on or before April 25, 2014, the appellant shall remove the pages containing Point II from the copies of the brief 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 on the Court's own motion, the respondents' brief and the appellant's reply brief are stricken, and the respondents may serve and file a replacement brief on or before May 27, 2014, and the appellant may serve and file a reply brief on or before June 11, 2014, if they be so advised; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court