Appellate Division: Second Judicial Department

M41463

C/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, 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 direct the appellants to comply with a prior decision and order on motion of this court dated April 21, 2006, by settling the transcript of the hearing to determine the validity of process which occurred on June 1, 2005, in accordance with CPLR 5525, or, if the appellants do not comply, to strike the record and 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 direct the appellants to comply with the prior decision and order on motion of this court dated April 21, 2006, is denied on condition that on or before July 27, 2006, the appellants pay the respondent for the cost of the transcript of the hearing to determine the validity of service of process which occurred on June 1, 2005; and it is further,

ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until August 28, 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.

ADAMS, J.P., RIVERA, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court