Appellate Division: Second Judicial Department

M174290

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2013-01023 Paul Palmieri, appellant-respondent, v Town of Babylon, et al., respondents- appellants. (Index No. 23214/11)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants, inter alia, to strike stated portions of the joint appendix and the appellant-respondent's brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 8, 2012, on the ground that they contain or refer to matter dehors the record. Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering 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 to the extent that pages 243 through 250 of the joint appendix and the second full paragraph on page 28 of the appellant-respondent's brief are stricken, and on or before June 9, 2014, the appellant-respondent shall either remove the stricken material from the copies of the joint appendix and the appellant-respondent's brief filed with the Clerk of the Court, or serve and file replacements that do not contain the stricken material, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondents-appellants' time to serve and file an answering brief is enlarged until July 9, 2014, and the answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

DILLON, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court