Appellate Division: Second Judicial Department

M258613

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-09625 Nikolaos Kanterakis, appellant, v Emily Kanterakis, defendant, N. Richard Wool, et al., respondents. (Index No. 18650/10)

DECISION & ORDER ON MOTION

Motion by the respondents N. Richard Wool, Alissa Joy Wool, Law Offices of N. Richard Wool, and Wool Law Group, PLLC, and separate motion by the respondent Bernard J. Duffy, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 21, 2017, on the ground that the appeal is from a nonappealable paper, or, in the alternative, 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 extend the time to serve and file their respective briefs. Application by the respondent Bernard J. Duffy pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the respondents N. Richard Wool, Alissa Joy Wool, Law Offices of N. Richard Wool, and Wool Law Group, PLLC, and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion by the respondent Bernard J. Duffy and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to strike stated portions of the record are granted, pages R.649 through R.675 are stricken, and on or before January 25, 2019, the appellant shall remove those pages 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 stricken material; and it is further,

ORDERED that the branches of the motions which are to extend the time to serve and file their respective briefs and the application are granted, the respondents' time to serve and file their respective briefs is extended until February 25, 2019, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

DILLON, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court