Opinion
Motion No: 2010-09236 Index No. 27038-02 M122965
08-02-2011
, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 2, 2010, on the ground that the record is inadequate, or 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, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before August 26, 2011, the appellant serve and file a supplemental record containing (1) the appellant's opposition to the motion that was determined by the order dated August 2, 2010, (2) the reply affirmation filed in connection with that motion, and (3) the memoranda of law submitted by the parties and considered by the Supreme Court in connection with the motion; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until September 26, 2011, and the respondents' brief must be served and filed on or before that date.
COVELLO, J.P., ANGIOLILLO, DICKERSON and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court