Appellate Division: Second Judicial Department

M178731

E/sl

PLUMMER E. LOTT, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-01891, 2014-03854 Marc Ryan Joseph, appellant, v Jamirul Baksh, et al., respondents. (Index No. 42287/07)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, in effect, to strike stated portions of the record and the appellant's brief on appeals from two orders of the Supreme Court, Kings County, dated December 12, 2013, and March 13, 2014, respectively, 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, in effect, to strike stated portions of the record and the appellant's brief is granted, pages 69 through 76, 109 through 307, 429 through 466, 534 through 654, and 724 through 820 of the record as well as references to those pages in the table of contents of the record are stricken, the appellant's brief is stricken, and on or before September 19, 2014, the appellant shall (1) 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 the stricken material, and (2) shall serve and file a replacement brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until October 24, 2014, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LOTT, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court