Appellate Division: Second Judicial Department

M36737

E/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-07158 Anthony B. Divona, etc., et al., plaintiffs-respondents, v David J. Wahlfeld, et al., defendants-respondents, County of Suffolk, respondent-appellant, Hinck Electrical Contractors, Inc., appellant-respondent. (Action No. 1) Anthony B. Divona, etc., et al., respondents, v Town of Brookhaven, defendant third-party plaintiff respondent-appellant; Hinck Electrical Contrators, Inc., third-party defendant appellant-respondent. (Action No. 2) David J. Wahlfeld, et al., plaintiffs, v Anthony B. Divona, etc., et al., defendants third-party plaintiffs-respondents; County of Suffolk, et al., third-party defendants respondents-appellants; Hinck Electrical Contractors, Inc., third-party defendant appellant-respondent. (Action No. 3) (Index Nos. 1766-01, 9527-01, 6773-01)

DECISION & ORDER ON MOTION

Motion by Anthony B. Divona and Thomas Divona on an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated June 30, 2005, to strike the joint record on appeal and dismiss the cross appeals by the County of Suffolk and Town of Brookhaven, or, in the alternative, to direct the County of Suffolk and Town of Brookhaven to serve and file a supplemental record containing certain documents 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 thereto, it is

ORDERED that the matter is referred to the Supreme Court, Suffolk County, to report on whether the material attached to the motion papers as Exhibit D were considered in the determination of the motion which resulted in the order dated June 30, 2005, and the motion is held in abeyance in the interim. The Supreme Court shall file its report with this court with all convenient speed.

SCHMIDT, J.P., KRAUSMAN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court