Appellate Division: Second Judicial Department

M176252

T/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-00399 U.S. Bank National Association, etc., appellant, v Eliud Polanco, respondent, et al., defendants. (Index No. 3738/08)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the record and the appellant's brief on an appeal from a judgment of the Supreme Court, Kings County, entered September 30, 2013, on the ground that they contain or refer to matter dehors the record, 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 appellant's brief is granted, the appellant's brief and pages 160-163 of the record on appeal are stricken, and on or before July 21, 2014, the appellant shall 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 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until August 20, 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.

MASTRO, J.P., DILLON, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court