Appellate Division: Second Judicial Department

M189845

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2013-02205 Shelley Mizrahi-Srour, respondent, v Albert Srour, appellant. (Index No. 55474/09)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, dated December 17, 2012, inter alia, in effect, to direct the appellant to serve and file a supplemental record containing certain material, and to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter dehors the record. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing trial exhibits not already contained in the record and the motion papers which resulted in the orders of the Supreme Court, Kings County, dated July 15, 2010, and November 21, 2011, is granted, and on or before April 30, 2015, the appellant shall serve and file a supplemental record containing those trial exhibits, and/or file a stipulation dispensing with reproducing exhibits (see 22 NYCRR 670.10.2[b][6]) and containing the subject motion papers; and it is further,

ORDERED that the branch of the motion which is to strike pages 88 through 209, 239 through 246, and 1678 through 1826 of the record is granted and on or before April 30, 2015, the appellant shall remove that material from the copies of the record filed with the Clerk of the Court or serve and file a replacement record which omits the above material and contains all the trial exhibits; and it is further,

ORDERED that the branch of the motion which is strike pages 63 through 65 and 210 through 238 of the record portions of the appellant's 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 motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until June 1, 2015, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court