Appellate Division: Second Judicial Department

M218491

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-00723 Sol Leiner, appellant, v Estate of Noel Hauser, respondent. (Index No. 2349/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 26, 2015, on the ground that the appellant's appendix contains matter dehors the record and is inadequate, as well as that the appellant's brief refers to matter dehors the record, or, in the alternative, to strike stated portions of the appellant's appendix and the appellant's brief and to direct the appellant to serve and file a supplemental record or allow the respondent to serve and file a supplemental record, and to enlarge the respondent's time to serve and file a brief, and for an award of costs and an attorney's fee.

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

ORDERED that the motion is granted to the extent that the appellant's appendix and the appellant's brief are stricken, on or before November 7, 2016, the appellant shall serve and file a replacement appellant's appendix and a replacement appellant's brief that do not contain or refer to matter dehors the record and comply with the rules of the Court (see 22 NYCRR 670.10.2), the respondent's time to serve and file a brief is enlarged until December 6, 2016, the respondent's brief must be served and filed on or before that date, and the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court