Appellate Division: Second Judicial Department

M253882

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-08135 Christopher Basile, appellant, v Sherry Wiggs, defendant-respondent; Lydia S. Antoncic, nonparty-respondent. (Index No. 11621/04)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated June 7, 2017, for the appellant's failure to properly settle the transcript or to strike pages 51 through 54 of the record and references to those pages in 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 pages 51 through 54 of the record and references to those pages in the appellant's brief is granted, pages 51 through 54 of the record and references to those pages in the appellant's brief, on pages 3, 8, and 9, are stricken, and on or before August 31, 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 replacements that do not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the nonparty-respondent's time to serve and file a brief is granted, the nonparty-respondent's time to serve and file a brief is enlarged until October 1, 2018, and the nonparty-respondent's 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; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court