Appellate Division: Second Judicial Department

M199014

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-03271 Gale Johnson, respondent, v Seth Finkelstein, et al., appellants. (Index No. 10997/13)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated November 21, 2014, inter alia, to strike the appellants' appendix and brief on the ground that they contain or refer to material that was redacted or sealed by the order on appeal, to direct the appellants to serve and file a supplemental appendix, and 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, it is

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 24, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental appendix is denied; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's appendix and brief is denied without prejudice to seeking relief in the Supreme Court, Kings County, to redact or seal portions of the record so as to comply with the order dated November 21, 2014.

ENG, P.J., BALKIN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court