Appellate Division: Second Judicial Department

M211418

E/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-11194 Shudha Howlender, etc., appellant, v Lucky Star Grocery, Inc., defendant, 2100 White Plains Road Corp., et al., respondents. (Index No. 22338/08)

DECISION & ORDER ON MOTION

Motion by the respondents to strike pages R.73 through R.88 of the record on an appeal from an order of the Supreme Court, Queens County, entered September 2, 2014, on the ground that those pages contain matter dehors the record, and to enlarge the time to serve and file a brief. 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 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 pages R.73 through R.88 of the record is granted, pages R.73 through R.88 are stricken, and on or before May 26, 2016, the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court and correct the table of contents of those copies of the record, or serve and file a replacement record that does not contain the stricken material and includes a corrected table of contents; and it is further,

ORDERED that the branch of the motion which is to enlarge the 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 June 27, 2016, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court