Appellate Division: Second Judicial Department

M210580

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-11203 Marcy R. Baron, appellant, v Ronald Suissa, respondent. (Index No. 10610/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 21, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 4, 2014, on the ground that the record on appeal contains matter dehors the record and is inadequate, or, in the alternative, to strike stated portions of the record and the appellant's brief, to direct the appellant to serve and file a supplemental record containing certain material, and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to enlarge the record to include certain material.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike pages 883 through 887 of the record and the appellant's brief is granted, those pages of the record and the appellant's brief are stricken, and on or before May 23, 2016, the appellant shall delete from the copies of the record filed with the Clerk of this Court pages 883 through 887 and references to those pages in the record's table of contents or serve and file a replacement record that does not contain the stricken material, and serve and file a replacement brief; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing the memorandum of law is denied without prejudice to the respondent serving and filing a supplemental record containing the memorandum of law when the respondent files his brief; 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 June 22, 2016, 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; and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court