Appellate Division: Second Judicial Department

M198744

E/sl

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2014-05315 Zalman Klein, etc., respondent, v Menachem Gutman, et al., appellants. (Index No. 47485/01)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated May 15, 2014, on the ground that they contain or refer to matter dehors the record, to direct the appellants to supplement the record, 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 strike stated portions of the record is granted (1) pages 1632 through 1639, and 1641 through 1750 of volume 2 of the record are stricken, and on or before October 29, 2015, the appellants shall remove the stricken material from the copies of volume 2 filed with the Clerk of the Court or serve and file a replacement volume 2 which does not contain the stricken material, (2) volume 4 of the record is stricken, and on or before October 29, 2015, the appellants shall serve and file a replacement volume 4 that does not contain the material found on pages 1944 through 1980, 1983 through 2062, 2094 through 2122, and 2131 through 2164 of the stricken volume 4, and (3) volume 5 of the record is stricken, and on or before October 29, 2015, the appellants shall serve and file a replacement volume 5 that does not contain the material found on pages 2456 through 2480, and 2628 through 2990 of the stricken volume 5; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is granted, and the following material is stricken: (1) beginning on page 9 with the first full paragraph through the end of the third full paragraph on page 11, ending with the words "state court actions," (2) beginning on page 21 with the last paragraph through the end of the first full paragraph on page 22, ending with the words "Inspection Orders," and (3) beginning on page 34 with the first full paragraph through the end of the first full paragraph on page 36, ending with the words "the Appellants' Building on default"; on or before October 29, 2015, the appellants shall remove the stricken material from the copies of the appellants' brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to direct the appellants to supplement the record is granted, and the appellants shall include in the replacement volume 4 Exhibits O, P-1, R, and AA to the respondent's motion determined by the order dated May 15, 2014, and include in the replacement volume 5 Exhibits E and F to the appellants' opposition to the respondent's motion, and all papers filed in connection with the motion that was decided by an order of the Supreme Court, Kings County, dated March 7, 2013; and it is further,

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 30, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., HALL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court