Appellate Division: Second Judicial Department

M35744

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2005-06022 Mary Wolfe, plaintiff, v Long Island Power Authority, etc., et al., defendants, Mitchell Levine, defendant third-party plaintiff-appellant; IK Trust, third-party defendant-respondent. (Index No. 18290/02)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent on an appeal from an order of the Supreme Court, Nassau County, dated May 25, 2005, inter alia, in effect, to strike stated portions of the record on appeal and the appellant's brief, and 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, in effect, to strike stated portions of the record on appeal and the appellant's brief is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; 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 to the extent that the time of the third-party defendant-respondent to serve and file a brief is enlarged until March 6, 2006, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., CRANE, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court