Appellate Division: Second Judicial Department

M198739

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-02935, 2015-04370 Citimortgage, Inc., respondent, v Randolph Simon, also known as Randolf R.A. Simon, et al., appellants, et al., defendants. (Index No.11002/11)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record and the appellants' brief on appeals from two orders of the Supreme Court, Queens County, dated December 19, 2013, and May 6, 2015, respectively, on the ground that they contain or refer to matter dehors the record.

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 motion is granted, pages 263 through 291 and 380 through 384 of the record as well as references to those pages in the table of contents of the record, and the second-to-last paragraph on page 8 of the appellants' brief are stricken; and it is further,

ORDERED that on or before October 5, 2015, the appellants shall remove the stricken material from the copies of the record and appellants' brief filed with the Clerk of the Court, or serve and file a replacement record and/or brief that does not contain or refer to the stricken material.

MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court