Appellate Division: Second Judicial Department

M42079

E/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-04343 Vasillios Prappas, et al., appellants, v Gerald Papadatos, etc., et al., respondents, et al., defendant. (Index No. 46195/02)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated April 3, 2006, to strike the appendix on the ground that it is incomplete and to enlarge the time to serve and file a brief, and cross motion by the appellants, inter alia, for leave to file a replacement appendix to correct errors in the pagination.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the cross motion which is for leave to file a replacement appendix to correct errors in the pagination is granted, and on or before July 31, 2006, the appellants shall serve and file a replacement appendix; and it is further,

ORDERED that the cross motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until August 30, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to the strike the appendix is denied without prejudice to the respondents filing their own appendix, if they be so advised (see CPLR 5528[b]).

SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court