Appellate Division: Second Judicial Department

M220249

E/afa

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2016-05032 Michael Meagher, et al., plaintiffs, v Drew Doscher, appellant, 148 South Emerson Partners, LLC, respondent. (Action No. 1) Michael J. Meyer, etc., et al., plaintiffs, v 148 South Emerson Associates, LLC, respondent, Drew Doscher, appellant. (Action No. 2) (Index No. 605850/15)

DECISION & ORDER ON MOTION

Motion by the respondent to strike pages 1590 through 1740 of the record on appeal and to strike the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 15, 2016, on the ground that they contain or refer to matter dehors the record, and for an award of sanctions. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of 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 1590 through 1740 of the record on appeal is granted, pages 1590 through 1740 of the record on appeal are stricken, and on or before November 28, 2016, the appellant shall remove pages 1590 through 1740 from the copies of the record on appeal filed with the Clerk of the Court, and remove references to those pages in the table of contents, or serve and file a replacement record on appeal that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's brief is granted, and on or before November 28, 2016, the appellant shall serve and file a replacement brief that does not refer to the material stricken from the record on appeal; and it is further,

ORDERED that the branch of the motion which is for an award of sanctions is denied; and it is further,

ORDERED that the respondent, if so advised, may serve and file a replacement brief on or before December 28, 2016; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until January 17, 2017, and the reply brief must be served and filed on or before that date.

BALKIN, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court