Appellate Division: Second Judicial Department

M260501

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2018-06015 U.S. Bank National Association, etc., respondent, v Robert W. Bishop, et al., appellants, et al., defendants. (Index No. 602493/16)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated April 17, 2018, inter alia, to strike stated portions of the record and the appellants' brief on the ground that they contain or refer to matter dehors the record, and 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 strike stated portions of the record and the appellants' brief is granted, pages 5 through 5.3 and 370 through 423 of the record and references to the material on those pages contained on pages 3, 4, and 8 of the appellants' brief are stricken, and on or before March 27, 2019, the appellants shall (1) remove the stricken material from the copies of the record and the appellants' brief filed with the Clerk of this Court and file a replacement digital copy of the record and the appellants' brief, or (2) serve and file a replacement record and replacement appellants' brief that does not refer to the stricken material; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until April 26, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court