PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-01924

JOSHUA A. JIMERSON, AS ADMINISTRATOR OF THE ESTATE OF PATRICIA A. JOHN, DECEASED, CLAIMANT-APPELLANT, V STATE OF NEW YORK, DEFENDANT-RESPONDENT. (CLAIM NO. 121778.) KENNETH VAN AERNAM, CLAIMANT-APPELLANT. V STATE OF NEW YORK, DEFENDANT-RESPONDENT, (CLAIM NO. 121782.)

Respondent having moved for an order striking pages 303-306 and 615-619 from the record on the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on June 2, 2016, and for other relief,

Now, upon reading and filing the affirmation of Kate H. Nepveu, Esq., dated May 5, 2017, the affirmation of Darren Longo, Esq., dated May 3, 2017, the affirmation of Keith D. Martin, Esq., dated May 5, 2017, the affirmation of Julie M. Sheridan, Esq., dated May 5, 2017, the notice of motion with proof of service thereof, and the affirmation of Laurie A. Baker, Esq., dated May 11, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike certain pages in the record on appeal is denied without prejudice to a motion to resettle the record in the Court of Claims (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda (239 AD2d 966), and

It is further ORDERED that motion is granted insofar as it seeks an extension of time to file a respondent's brief on the condition that the brief is filed and served on or before August 21, 2017, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 5, 2017, and

It is further ORDERED that the motion is otherwise dismissed as premature.

Entered: May 22, 2017

Frances E. Cafarell, Clerk