Appellate Division: Second Judicial Department

M197425

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-01435 In the Matter of John L. Weslowski, appellant, v Edwin J. Day, etc., et al., respondents. (Index No. 14669/10)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Rockland County, dated October 10, 2014, to strike stated portions of the record on the ground that it contains matter dehors the record, to strike the appellant's brief on the ground that it refers to matter dehors the record, and to direct the appellant to file a supplemental record containing the transcripts of the proceedings which occurred on August 14, 2014 and October 16, 2014. 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 application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the record is granted to the extent that pages 12 through 14, 38 through 57, and 96 through 108 of the record are stricken and on or before September 21, 2015, the appellant shall either remove those pages from the copies of the record filed with the Clerk of the Court and delete the references to those pages in the table of contents in the copies of the record filed with the Clerk of the Court or serve and file a replacement record that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's brief is granted and on or before September 21, 2015, the appellant shall serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record containing the transcripts of the proceedings which occurred on August 14, 2014, and October 14, 2014, is granted, and the appellant shall either include the transcripts of the proceedings which occurred on August 14, 2014, and October 6, 2014, in the replacement record set forth above or serve and file a supplemental record containing the transcripts on or before September 21, 2015; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until October 21, 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.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court