Appellate Division: Second Judicial Department

M242111

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2016-09049 John Lee, et al., respondents, v Yuxin Yin, appellant. (Index No. 4295/11)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered August 3, 2016, on the grounds that the appellant's appendix and brief contains matter dehors the record and is inadequate, and that the appellant failed to serve the respondents' counsel of record with the appellant's appendix and brief, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that the appellant's appendix and brief is stricken, on or before January 2, 2018, the appellant shall serve and file a replacement appellant's appendix and brief which includes the papers filed by the respondents in opposition to the motion that resulted in the order entered August 3, 2016, and does not contain matter dehors the record, and that branch of the motion is otherwise denied; 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 January 29, 2018, and the respondents' brief shall be served and filed on or before that date.

BALKIN, J.P., HALL, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court