Appellate Division: Second Judicial Department

M226186

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

L. PRISCILLA HALL

COLLEEN D. DUFFY, JJ.

2016-07208 Elizabeth K. Krimendahl, etc., plaintiff, v William C. Hurley, et al., appellant, et al., defendant; MAPFRE Insurance Company, nonparty-respondent. (Index No. 23167/13)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2016, on the ground that they contain or refer to matter dehors the record, to impose a sanction upon the appellants' counsel, for an award of costs, 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 stated portions of the record and the appellants' brief is granted, pages 105 through 130 of the record are stricken, and all references to those pages in the table of contents and the first three complete sentences on page 3 as well as page 8 of the appellants' brief are stricken, and on or before March 9, 2017, the appellants shall remove the stricken material from the copies of the record on appeal and the appellants' brief filed with the Clerk of the Court or shall serve and file a replacement record and appellants' brief that do not contain the stricken material; 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.

ENG, P.J., MASTRO, HALL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court