Appellate Division: Second Judicial Department

M35108

T/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-02088 Ethel Bennett, et al., appellants, v Kenneth Robinson, et al., respondents. (Index No. 28592-01)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2005, for failure to perfect the same in accordance with the CPLR and the rules of this court, or, in the alternative, for an order directing the appellant to serve and file a supplemental record on appeal which complies with the CPLR and the rules of this court, and to enlarge their time to serve and file a brief, and cross motion by the appellants for leave to serve and file a supplemental record.

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

ORDERED that the cross motion is granted, and on or before February 15, 2006, the appellant shall serve and file a supplemental record containing the material omitted from the record on appeal (see CPLR 5526), including copies of the complaint, the answer, the defendant's motion and reply papers, the plaintiff's opposition papers, and legible copies of the transcript reproduced on pages 90-98 of the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondents' time to serve and file a brief is enlarged until March 15, 2006, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court