Appellate Division: Second Judicial Department

M182594

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2014-04509 Paula Charnow, respondent, v Howard Charnow, defendant; McCarthy Fingar, LLP, nonparty-appellant. (Index No. 11-13620)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered April 14, 2014, to enlarge the record to include certain documents and for leave to file an addendum containing those documents. Cross motion by the appellant to strike the respondent's addendum, to strike the respondent's brief on the ground that it refers to matter dehor the record, and, in effect, to enlarge the time to serve and file a reply brief.

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 denied; and it is further,

ORDERED that the branch of the cross motion which is to strike the respondent's addendum is denied as unnecessary as no respondent's addendum was filed; and it is further,

ORDERED that the branch of the cross motion which is to strike the respondent's brief is granted, the respondent's brief is stricken, and on or before December 11, 2014, the respondent may serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the cross motion which is, in effect, to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until December 29, 2014, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court