PRESENT: WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, AND WINSLOW, JJ.

DOCKET NO. CA 17-00016

MICRO-LINK, LLC, PLAINTIFF-APPELLANT, V TOWN OF AMHERST, DEFENDANT-RESPONDENT.

Respondent having moved to strike appellant's brief and the appendix to appellant's brief on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2016, and having moved for an extension of time to file and serve a brief, and for other relief,

Now, upon reading and filing the affidavits of Marc W. Brown, Esq., sworn to May 12, 2017, and May 25, 2017, the notice of motion with proof of service thereof, and the affidavit of Robert C. Singer, Esq., sworn to May 22, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appendix to appellant's brief, including all exhibits, and any reference to those documents in appellant's brief are hereby deemed stricken on the ground that the documents contained therein are dehors the record (see 22 NYCRR 1000.4 [a] [1] [i], [ii]; see also Sanders v Tim Hortons, 57 AD3d 1419, 1420), and

It is further ORDERED that the motion is granted insofar as it seeks additional time to file and serve a respondent's brief on condition that the brief is filed and served on or before July 19, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 3, 2017, and

It is further ORDERED that the motion is otherwise denied.

Entered: June 19, 2017

Frances E. Cafarell, Clerk