Appellate Division: Second Judicial Department

M204685

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-02595 Frank DeMartino, et al., appellants, v Paul Golden, et al., respondents. (Index No. 22153/13)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated October 29, 2014, inter alia, to strike stated portions of the record and the appellants' brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions 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 and the appellants' brief is granted, and pages 178 through 204 of the record are stricken, and the sentence beginning on the fourth line from the bottom of page 11 of the brief with the words "Notably, on July 12, 2012," and ending on the first line on page 12 with the words and citation "New York. (R185)" as well as footnote 1 on pages 12 and 13 of the brief are stricken; and it is further,

ORDERED that on or before February 16, 2016, the appellants shall either delete the stricken material from the copies of the record and brief filed with the Clerk of the Court or serve and file a replacement record and brief that do not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until March 18, 2016, 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.

RIVERA, J.P., SGROI, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court