Appellate Division: Second Judicial Department

M172728

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2013-03865 Maria Curet, appellant, v Dekalb Realty, LLC, respondent. (Index No. 8622/09)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's record and brief and dismiss an appeal from an order of the Supreme Court, Kings County, dated October 1, 2012, on the ground and record contains and the brief refers to material dehors the record or to direct the appellant to serve and file a replacement record and brief 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 relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement record and brief is granted, the record on appeal and the appellant's brief are stricken, and on or before May 19, 2014, the appellant shall serve and file a replacement record that contains all of the motion papers that resulted in the order dated October 1, 2012, and a replacement brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 18, 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.

RIVERA, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court