Appellate Division: Second Judicial Department

M34328

T/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-05467 In the Matter of Chi-Am Realty, LLC, petitioner-respondent, v Robert Guddahl, et al., appellants, et al., respondents. (Index No. 98167/02)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss an appeal, by permission, from a judgment of the Appellate Term, Second and Eleventh Judicial Districts, dated March 1, 2005, on the ground that the record on appeal is incomplete, or, in the alternative, to direct the appellants to serve and file a supplemental record containing the exhibits introduced at trial in the above-entitled action which are annexed to the petitioner-respondent's motion as exhibit E, and to enlarge its time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record containing the exhibits introduced at trial which are annexed to the petitioner-respondent's motion as exhibit E is granted, and on or before January 28, 2006, the appellants are directed to serve and file a supplemental record containing the exhibits introduced into evidence at the trial in the above-entitled action which are annexed to the petitioner-respondent's motion as exhibit E; and it is further,

 ORDERED that the branch of the motion which is to enlarge the petitioner-respondent's time to serve and file a brief is granted, and the petitioner-respondent's time to serve and file a brief is enlarged until February 28, 2006, and the petitioner-respondent's brief shall be served and filed on or before that date.

SKELOS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court