Appellate Division: Second Judicial Department

M180563

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-00791 H.P.S. Management Company, Inc., et al., appellants, v St. Paul Surplus Lines Insurance Company, et al., respondents. (Index No. 19847/10)

DECISION & ORDER ON MOTION

Separate motions by the respondents, inter alia, to strike the appellants' appendix and brief on an appeal from an order of the Supreme Court, Nassau County, entered November 21, 2013, on the grounds that they contain or refer to matter dehors the record or that the record is unadaquate. Separate applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to strike the appellants' appendix and brief are granted, the appellants' appendix and brief are stricken, and on or before October 30, 2014, the appellants shall serve and file a replacement appendix which does not contain matter dehors the record and contains "critical exhibits" which will be relied upon by the respondents (see 22 NYCRR 670.10.2[c][1][vi]), and a replacement brief which does not refer to matter dehors the record; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that the applications are granted, the respondents' time to serve and file

their respective briefs is enlarged until December 1, 2014, and the respondents' briefs must be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court