Appellate Division: Second Judicial Department

M46142

Y/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-02731, 2006-08526 Robin Tahler Scheiner, respondent, v Brad Scheiner, et al., defendants, Gregory Ronan, et al., appellants. (Index No. 12173/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Nassau County, dated April 20, 2005, and a judgment of the same court dated February 15, 2006, in effect, to strike the appendix on appeal on the ground that it is incomplete, 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, in effect, to strike the appendix is granted to the extent that pages 33 through 97 of the appendix on appeal are stricken, and on or before November 22, 2006, the appellants shall (1) delete or remove those pages from all copies of the appendix on file with the Clerk of this court, and (2) serve and file a supplemental appendix in compliance with 22 NYCRR 670.10.2(c) containing necessary portions of the trial transcript in proper page order and necessary trial exhibits, and that branch of the motion is otherwise denied; 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 respondent's time to serve and file a brief is enlarged until December 26, 2006, and the respondent's brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court