Appellate Division: Second Judicial Department

M257259

E/afa

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-05417 Caroline Neill, appellant, v Cinema De Lux, et al., respondents. (Index No. 12353/14)

DECISION & ORDER ON MOTION

Motion by the respondent National Amusements, Inc., inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 23, 2018, on the ground that the record contains matter dehors the record or, in the alternative, to extend 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 dismiss the appeal is denied on condition that on or before November 30, 2018, the appellant remove pages 26 through 188, 662, and 663, from the copies of the record filed with the Clerk of this Court or serve and file a replacement record that does not contain the material on those pages; and it is further,

ORDERED that the branch of the motion which is to extend the movant's time to serve and file a brief is granted, the movant's time to serve and file a brief is extended until January 4, 2019, and the movant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court