Appellate Division: Second Judicial Department

M252747

E/mm

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-12469 Ashley Dana Green, appellant, v Nina M. Masterson, et al., respondents. (Index No. 8246/15)

DECISION & ORDER ON MOTION

Motion by the respondents to strike pages 12 through 48 of the record on an appeal from an order of the Supreme Court, Queens County, entered October 13, 2017, on the ground that they contain matter dehors the record. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the motion is granted, and pages 12 through 48 of the record are stricken, and on or before August 20, 2018, the appellant shall remove the stricken material from the copies of the record filed with the Clerk of this Court or serve and file a replacement record which does not contain or refer to the stricken material; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until September 19, 2018, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court