Appellate Division: Second Judicial Department

M238871

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2016-10337 Violeta Kandov, appellant, v Anatole Kats, et al., respondents. (Index No. 16437/06)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated January 8, 2016, inter alia, to strike the appellant's appendix on the grounds that it is inadequate and contains matter dehors the record, to strike the appellant's brief on the ground that it refers to matter dehors the record, to impose a sanction upon the appellant, 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 branches of the motion which are to strike the appellant's appendix and the appellant's brief are granted, and on or before November 6, 2017, the appellant shall serve and file a replacement appellant's appendix which contains all of the papers filed by the parties in connection with the motion that was determined by the order dated January 8, 2016, and does not contain matter dehors the record, and a replacement appellant's brief which does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 6, 2017, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., ROMAN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court