Appellate Division: Second Judicial Department

M230774

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-02520, 2016-08825 Village of Northport, respondent, v Maryclaire Krumholz, appellant (Index No. 37474/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's appendix and the appellant's brief on appeals from an order of the Supreme Court, Suffolk County, dated January 5, 2016, and a judgment of the same court entered March 16, 2016, on the ground that they contain or refer to matters dehors the record, 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 June 9, 2017, the appellant shall serve and file a replacement appendix and replacement brief that does not contain or 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 July 24, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court