Appellate Division: Second Judicial Department

M211264

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2015-05540, 2016-00183 Paul Dyckes, appellant, v Richard Stabile, etc., et al., defendants, Anthony Maresca, etc., respondent. (Index No. 16869/11)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated April 9, 2015, and November 30, 2015, respectively, inter alia, to dismiss the appeal from the order dated November 30, 2015, on the ground that no appeal lies from an order denying reargument and to strike from the record on appeal the papers filed in connection with the motion to reargue, and to strike pages R.600 through R.602 of the record on appeal on the ground that those pages contain matter dehors the record. Application by the respondent 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 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 dismiss the appeal from the order dated November 30, 2015, on the ground that no appeal lies from an order denying reargument and to strike from the record on appeal the papers filed in connection with the motion to reargue is granted, and that appeal is dismissed, without costs or disbursements, and pages R.603 through R.649 of the record on appeal are stricken; and it is further,

ORDERED that the branch of the motion which is to strike pages R.600 through R.602 of the record on the ground that those pages contain matter dehors the record is granted and pages R.600 through R.602 of the record are stricken; and it is further,

 ORDERED that on or before June 9, 2016, the appellant shall either (1) remove pages R.600 through R.649 from the copies of the record filed with the Clerk of the Court and delete references to that material from the table of contents of those copies of the record, or (2) serve and file a replacement record that does not contain pages R.600 through R.649; and it is further,

ORDERED that the appellant's brief is stricken and on or before June 9, 2016, the appellant shall serve and file a replacement brief that raises issues only concerning the order dated April 9, 2015, and does not refer to the stricken material; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until July 11, 2016, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court