Appellate Division: Second Judicial Department

M225828

E/afa

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-06948 Disa Realty, Inc., respondent, v Kishor Rao, etc., appellant, et al., defendants. (Index No. 10206/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike a certain audio CD from the record on an appeal from a judgment of the Supreme Court, Queens County, dated May 31, 2016, to strike the appellant's brief on the ground that it refers to matter dehors the record, improperly raises certain issues, and contains scandalous and prejudicial statements, and to enlarge the respondent's 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 audio CD is granted, and on or before March 10, 2017, the appellant shall remove the audio CD from the copies of the record filed with the Clerk of this Court; 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 March 10, 2017, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 10, 2017, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

AUSTIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court