Appellate Division: Second Judicial Department

M35720

T/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2005-01877 Alexander Jacobs, et al., respondents, v Alpine Theatre, LLC, et al., appellants. (Index No. 38196/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 17, 2004, on the ground that the record on appeal contains matters dehors the record and is incomplete, or, in the alternative, to enlarge their 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 granted to the extent that the record and brief filed with the Clerk of this court are stricken, and on or before February 24, 2006, the appellants shall serve and file (1) a new record, containing all the papers, and only those papers, which were submitted to the Supreme Court and resulted in the order dated December 17, 2004, and (2) a new brief which refers only to that material; and it is further,

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

 ORDERED that the respondents' time to serve and file a brief is enlarged until March 31, 2006, and the respondents' brief shall be served and file on or before that date.

RITTER, J.P., LUCIANO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court