Appellate Division: Second Judicial Department

M204719

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-05203 Yuri Starikov, appellant, v Ceva Freight, LLC, et al., respondents. (Index No. 605302/14)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the record and the appellant's brief on an appeal from an order of the Supreme Court, Nassau County, entered May 22, 2015, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellant to dismiss the respondents' motion. 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 cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike the reference to the "DOJ Mem." dated September 9, 2015, on pages 18 and 19 of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief and the application for that relief are granted, the respondents' time to serve and file a brief is enlarged until May 6, 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; and it is further,

ORDERED that the cross motion is denied.

LEVENTHAL, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court