Appellate Division: Second Judicial Department

M183122

E/ct

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2013-09858 Barbara Samimi, respondent, v Sohrab Samimi, appellant. (Index No. 200559/10)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief or stated portions of the brief on an appeal from a judgment of the Supreme Court, Nassau County, entered August 21, 2013, on the ground that the brief, or those portions of the brief, refer to matter dehors the record, to enlarge the time to serve and file a brief, and to impose a sanction upon the appellant and/or his counsel.

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

ORDERED that the branch of the motion which is to strike the appellant's brief or stated portions of the brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 December 22, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ROMAN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court