Appellate Division: Second Judicial Department

M190401

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2013-09563 Paul Palmieri, appellant, v Town of Babylon, et al., respondents. (Index No. 37542/09)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the appellant's appendix and the appellant's brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated August 8, 2013, on the ground that they contain or refer to matter dehors the record, and for an award of costs and disbursements. Application by the respondents 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 strike stated portions of the appellant's appendix and the appellant's brief is granted, page 307 of the appellant's appendix as well as the second paragraph on page 3 and the last paragraph an page 28 of the appellant's brief are stricken, and on or before April 23, 2015, the appellant shall remove that material from the copies of the appellant's appendix and the appellant's brief filed with the Clerk of the Court or serve and file a replacement appellant's appendix and appellant's brief which does not contain the stricken material; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

 ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until May 26, 2015, and the respondents' brief must be served and filed on or before that date.

DILLON, J.P., LEVENTHAL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court