Appellate Division: Second Judicial Department

M218579

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-00782 Erwin E. Grant, appellant, v Neville Gordon, et al., respondents. (Index No. 75010/09)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike the appellant's appendix and the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated December 1, 2015, on the ground that they are inadequate, and 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 strike the appellant's appendix and the appellant's brief is granted, and on or before October 24, 2016, the appellant shall serve and file a replacement appellant's appendix that complies with the CPLR and the rules of the Court (see CPLR 5528; 22 NYCRR § 670.10.2), and a replacement appellant's brief that contains appropriate references to the replacement appellant's appendix; 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 November 28, 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.

BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court