Appellate Division: Second Judicial Department

M189744

T/ct

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2013-07093 Joseph Mazzilli, appellant, v Charles M. Lombardi, et al., respondents. (Index No. 13276/07)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered June 12, 2013, or to strike the appellant's appendix on the ground that the appendix is inadequate and contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the appellant's appendix is granted to the extent that (1) pages 1-80 of the appellant's appendix are stricken, and on or before May 11, 2015, the appellant shall remove that material from the copies of the appellant's appendix filed with the Clerk of this Court or serve and file a replacement appendix that does not contain that material, and (2) on or before May 11, 2015, the appellant shall serve and file a supplemental appendix which contains those additional portions of the record which are necessary for this Court to fully consider the issues raised on the appeal (see 22 NYCRR 670.10.2[c]), including relevant portions of the transcript of the trial in the above-entitled action which has been settled in accordance with CPLR 5525(c); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until June 11, 2015, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court