Appellate Division: Second Judicial Department

M219012

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2015-04372 Shlomo Karpen, respondent, v Golden Jubilee Realty, LLC, appellant. (Index No. 501428/13)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record on an appeal from an order of the Supreme Court, Kings County, dated April 2, 2015, on the ground that it contains matter dehors the record, in effect, to strike the appellant's brief on the ground that it refers to matter dehors the record and improperly raises issues for the first time on appeal, and to enlarge the time to serve and file a brief. Separate motion by the appellant for this Court to take judicial notice of certain material.

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

ORDERED that the branch of the respondent's motion which is, in effect, to strike the appellant's brief on the ground that it improperly raises issues for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 17, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the appellant's motion is denied.

DILLON, J.P., ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court