Appellate Division: Second Judicial Department

M180314

S/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2014-02515 Allstate Insurance Company, appellant, v Steven Jasser, respondent. (Index No. 34083/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 27, 2013, on the ground that the record contains matter dehors the record, or, in effect, to direct the appellant to correct the record and to enlarge the time for the respondent to serve and file a brief. By decision and order on motion of this Court dated July 25, 2014, the matter was remitted to the Supreme Court, Suffolk County, to report on whether that court considered the letter of Mark J. Fenelon dated December 12, 2013, on page 309 of the record, the affirmation of service of the letter correcting typos of Mark J. Fenelon on page 310 of the record, the letter dated December 12, 2013, on page 311 of the record, the affidavit of Eugene Salik dated December 6, 2013, on pages 312 through 319 of the record, and the letter of Mark C. Kujawski dated December 16, 2013, on page 323 of the record, in determining the motion that resulted in the order dated December 27, 2013, and the motion was held in abeyance in the interim. The Supreme Court, Suffolk County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Suffolk County, it is

ORDERED that the branch of the motion which is to direct the appellants to correct the record is granted to the extent that on or before October 24, 2014, the appellants shall remove from the copies of the record on appeal on file with this Court: the letter of Mark J. Fenelon dated December 12, 2013, on page 309 of the record, the affirmation of service of the letter correcting typos of Mark J. Fenelon on page 310 of the record, the letter dated December 12, 2013, on page 311 of the record, and the letter of Mark C. Kujawski dated December 16, 2013, on page 323 of the record, or shall serve and file a replacement record which does not contain the above-referenced material, and that branch of the motion is otherwise denied; 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 November 7, 2014, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court