RAJEEV A. KHAN, APPELLANT plf, v. BANK OF AMERICA HOME LOANS SERVICING, LP res — Motion by the respondent East Coast Appraisal Services, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 12, 2012, on the ground that the appellant is not authorized to perfect the appeal pro se or, in the alternative, to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record. Application by the respondent East Coast Appraisal Services 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 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 branch of the motion which is to strike the appellant's appendix and the appellant's brief is granted, and on or before March 15, 2013, the appellant shall serve and file a replacement brief and a replacement appendix that does not contain or refer to the material set forth in paragraphs 21 and 22 of the affirmation of Scott E. Kossove dated January 14, 2013, filed in support of the motion; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the time of the respondent East Coast Appraisal Services to serve and file a brief is enlarged until April 15, 2013, and the brief of the respondent East Coast Appraisal Services must be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.