Appellate Division: Second Judicial Department

M245419

E/afa

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2017-02916 Paljr, LLC, doing business as East Neck Nursing & Rehabilitation Center, respondent, v Maria Duran, appellant. (Index No. 5775/14)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated December 5, 2016, to include certain material, to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to matter 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 stated portions of the record and the appellant's brief is granted, page 9 of the record and references on pages 3 and 8 of the appellant's brief to the document contained on page 9 of the record are stricken, and on or before February 27, 2018, the appellant shall remove the stricken material from the copies of the record and the appellant's brief filed with the Clerk of the Court or serve and file a replacement record and brief that do not contain or refer to the stricken material; 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 March 29, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court