Motion No: 2011-05761 2011-07385 Index No. 06-9130 M129660
JOHN M. LEVENTHAL
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent, inter alia, to strike the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, dated May 27, 2011, on the ground that it improperly contains a sketch and references thereto. Application by the respondent 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 the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's brief is granted, the appellant's brief is stricken, and on or before December 15, 2011, the appellant shall serve and file a replacement brief that does not contain the sketch or any references thereto; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied as premature.
SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.
Clerk of the Court