Appellate Division: Second Judicial Department

M35457

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05869, 2004-06210, 2005-01029 Robert D. Wilson, et al., appellants-respondents, v Hallen Construction Corporation, respondent- appellant. (Index No. 6828/95)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on appeals from an order of the Supreme Court, Kings County, dated May 28, 2004, a judgment of the same court entered June 14, 2004, and an appeal and cross appeal from a judgment of the same court dated December 22, 2004, to strike the appendix and brief filed by the respondent-appellant on the ground that the appendix is incomplete, to dismiss the cross appeal as barred by the doctrine of law of the case, or, in the alternative, to enlarge their time to serve and file a reply 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 cross appeal is denied without prejudice to the appellants-respondents raising the issue in their reply brief; and it is further,

ORDERED that the branch of the motion which is to strike the respondent-appellant's brief and appendix is denied on condition that on or before March 10, 2006, the respondent-appellant settles the transcript of the liability trial in the above-entitled action and files a complete copy of the settled transcript plus all of the exhibits entered into evidence at that trial with the Clerk of this court; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellants-respondents' time to serve and file a reply brief is granted, the appellants-respondents' time to serve and file a reply brief is enlarged until April 10, 2006, and the appellants-respondents' reply brief shall be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court