Appellate Division: Second Judicial Department

M182644

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-00154 Julie Ader, et al., appellants, v Joe Guzman, defendant, Corcoran Realty Group, LLC, et al., respondents. (Index No. 18423/13)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated December 18, 2013, to strike stated portions of the respondents' brief on the ground that they refer to matter dehors the record.

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

ORDERED that the motion is granted and the following material is stricken: (1) the first, second, and third complete sentences on page 3, starting with the words "The Landlord defendant" and ending with the words "as Appendix A"; and (2) the phrase in the sentence of the second complete paragraph on page 17, starting with the words "witness the fact" and ending with the words "of the lease term"; and it is further,

ORDERED that on or before December 3, 2014, the respondents shall either delete the stricken material from the copies of the briefs filed with the Clerk of the Court or serve and file a replacement brief that does not refer to matter dehors the record.

RIVERA, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court