Appellate Division: Second Judicial Department

M42638

S/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-07922 Arnold J. Kaplan, et al., respondents, v Michael Miranda, appellant. (Index No. 6659/02)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2005, for leave to reargue a motion to dismiss the appeal to the extent that the appellant seeks to appeal from the jury verdict in the action, and to strike stated portions of the record and brief on the ground that they contain and refer to matters dehors the record, which was determined by decision and order on motion of this court dated March 27, 2006, and to enlarge the 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 for reargument is granted, and upon reargument, so much of the decision and order on motion dated March 27, 2006, which denied that branch of the prior motion which was to dismiss the appeal to the extent that the appellant seeks to appeal from the jury verdict in the action, and to strike stated portions of the record and brief on the ground that they contain and refer to matters dehors is recalled and vacated, and that branch of the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; 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 and the respondents' brief shall be served and filed on or before August 31, 2006.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court