Appellate Division: Second Judicial Department

M38856

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-04537 Charles E. Gallagher, etc., et al., respondents, v Kucker & Bruh, LLP, et al., appellants. (Index No. 19405/04)

DECISION & ORDER ON MOTION

Motion by the respondent Stephanie Gallagher on an appeal from an order of the Supreme Court, Westchester County, dated April 18, 2005, to substitute Charles Brown, executor of the estate of John S. Rogers, for the deceased respondent John S. Rogers, in effect, to dismiss the appeal on the ground that the record is incomplete, and to enlarge the respondents' 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 substitute Charles Brown, executor of the estate of John S. Rogers, for the deceased respondent John S. Rogers, is granted, and Charles Brown is substituted for the deceased respondent, John S. Rogers, and the caption of the action has been amended accordingly; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied, without prejudice to the respondents serving and filing a supplemental record containing the subject memorandum of law, if they be so advised, and on or before May 25, 2006, the respondents shall serve and file a supplemental record containing the subject memorandum of law; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until May 25, 2006, and the respondents' brief shall be served and filed on or before that date.

We note that the respondents Charles Brown and Charles Gallagher must appear either pro se or by an attorney (see CPLR 321)

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

ENTER:

James Edward Pelzer

Clerk of the Court