Appellate Division: Second Judicial Department

M183914

E/sl

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-01089 Louis J. Gaccione, Jr., respondent, v Estelle Scarpinato, et al., appellants. (Index No. 3567/06)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellants' appendix as inadequate on an appeal from a judgment of the Supreme Court, Nassau County, entered November 12, 2013, to strike stated portions of the appellants' brief on the ground that they refer to matter dehors the record, for leave to serve and file a respondent's appendix, and to enlarge the time to serve and file a brief.

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 stated portions of the appellants' brief on the ground that they refer to matter dehors the record 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 for leave to serve and file a respondent's appendix is denied as unnecessary (see CPLR 5528[b]); 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 January 7, 2015, 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.

HALL, J.P., COHEN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court