Appellate Division: Second Judicial Department

M245511

E/afa

SHERI S. ROMAN, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2016-12440 Kamal Ahmed, respondent, v Masum N. Ahmed, et al., appellants. (Index No. 701209/13)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the record and the appellants' brief on an appeal from a judgment of the Supreme Court, Queens County, entered November 18, 2016, on the ground that they contain or refer to matter dehors the record. Cross motion by the appellants to enlarge the time to serve and file a reply brief.

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

ORDERED that the branches of the motion which are to strike pages 515 through 552 of the record and references to the material on those pages in the appellants' brief are granted, pages 515 through 552 of the record and references to the material on those pages in the appellants' brief are stricken, and on or before March 5, 2018, the appellants shall remove pages 515 through 552 from the copies of the record filed with the Clerk of this Court and shall delete references to the material on those pages from the copies of the appellants' brief filed with the Clerk of this Court or serve and file a replacement appellants' brief that does not contain references to the material on those pages; and it is further,

ORDERED that the branches of the motion which are to strike pages 1177 through 1223 of the record and references to the material on those pages in the appellants' brief are denied on condition that on or before March 5, 2018, the appellants properly settle the transcript contained on those pages in accordance with CPLR 5525, and either remove the transcript pages from the copies of the record filed with the Clerk of the Court and serve and file a supplemental record containing the corrected transcript pages or serve and file a supplemental record containing an errata sheet, if changes need to be made to the transcript, or advise the Court, in writing, that no changes were made following settlement of the transcript; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted, the appellants' time to serve and file a reply brief is enlarged until March 20, 2018, and the reply brief shall be served and filed on or before that date.

ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court