Appellate Division: Second Judicial Department

M216536

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2015-11167 Luz D. Espinosa, appellant, v Fairfield Properties Group, LLC, et al., respondents. (Index No. 3196/13)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 1, 2015, on the ground that the record on appeal contains matter dehors the record or, in the alternative, 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, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before September 14, 2016, the appellant (1) remove pages 383 through 395 and references to those pages in the table of contents from the copies of the record filed with the Clerk of this Court, or (2) serve and file a replacement record that does not contain the material on those pages or references thereto, and a replacement brief that contains references to the material in the replacement record; 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 October 14, 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.

ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court