Appellate Division: Second Judicial Department

M44504

Y/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 prior 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 August 1, 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 leave to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until October 16, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court