Appellate Division: Second Judicial Department

M38998

S/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. By decision and order on motion dated March 7, 2006, the matter was 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 was held in abeyance in the interim. The Supreme Court, Suffolk County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Suffolk County, it is

ORDERED that the branch of the motion which is to direct the County of Suffolk and Town of Brookhaven to serve and file a supplemental record is granted, and on or before May 19, 2006, the County of Suffolk and Town of Brookhaven shall serve and file a supplemental record containing the material attached to the instant motion papers as Exhibit D; and it is further,

ORDERED that the branch of the motion which is to enlarge time to serve and file a brief is granted and the movants' time to serve and file a brief is enlarged until June 19, 2006, and the movants' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court