Appellate Division: Second Judicial Department

M179965

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-10038, 2014-01198 David S. Gould, et al., appellants, v Joseph Decolator, et al., respondents. (Appeal No. 1) (Index No. 17209/11)

DECISION & ORDER ON MOTION

2014-01198

David S. Gould, et al., appellants, v Joseph

Decolator, et al., respondents.

(Appeal No. 2)

(Index No. 17209/11)

Motion by the respondents (1) to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Nassau County, entered August 1, 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 with respect to that appeal, and (2) to strike stated portions of the record and the appellants' brief on an appeal from an order of the same court entered January 10, 2014, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief with respect to that appeal. Cross motion by the appellants to enlarge the records on the appeals to include the material referenced in the respondents' motion.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that with respect to the appeal from the order entered August 1, 2013 (Appellate Division Docket No. 2013-10038), the appellants' brief as well as pages 360 through 373, 378 through 421 of the record are stricken, and on or before October 20, 2014, the appellants shall serve and file a replacement brief that does not refer to the stricken material, and 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 it is further,

ORDERED that the respondent's time to serve and file a brief with respect to the appeal from the order entered August 1, 2013 (Appellate Division Docket No. 2013-10038), is enlarged until November 21, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that with respect to the appeal from the order entered January 10, 2014 (Appellate Division Docket No. 2014-01198), the appellants' brief as well as pages 107 through 144, and 176 through 180 of the record are stricken, and on or before October 20, 2014, the appellants shall serve and file a replacement brief that does not refer to the stricken material, and 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 it is further,

ORDERED that the respondent's time to serve and file a brief with respect to the appeal from the order entered January 10, 2014 (Appellate Division Docket No. 2014-01198), is enlarged until November 21, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court