Appellate Division: Second Judicial Department

M38712

T/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO, JJ.

2005-09017 Jeffrey L. Rosenberg & Associates, LLC, respondent, v Philippe Lajaunie, et al., appellants. (Index No. 913/05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, entered August 26, 2005, inter alia, to strike the record on appeal on the ground that it is incomplete 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 branch of the motion which is to strike the record on appeal is denied on condition that on or before June 20, 2006, the appellants obtain, settle, and serve a supplemental record containing a transcript of the hearing to determine the validity of service of process held in the above-entitled action on June 1, 2005; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until July 20, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., FLORIO, KRAUSMAN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court