Appellate Division: Second Judicial Department

M175651

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2013-09807 David M. Flores, appellant, v Freddy Luna, et al., respondents. (Index No. 20816/11)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the appellant's brief on an appeal from an order of the Supreme Court, Queens County, entered August 6, 2013, on the ground that it refers to matter dehors the record and does not contain page references, and to strike the record on the ground that it contains matter dehors the record and for failure to contain a certificate pursuant to CPLR 2105. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal.

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 the appellant's brief and pages 49 through 74 and 278 through 338 of the record are stricken, and the motion is otherwise denied; and it is further,

ORDERED that on or before July 14, 2014, the appellant shall either remove the stricken material from the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain that material, and serve and file a replacement brief that does not refer to matter dehors the record and contains page references; and it is further,

 ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until August 13, 2014, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court