Matter of Piesco v Hollihan
Motion No: 2005-10814 +1
Slip Opinion No: 2006 NYSlipOp 81054(U)
Decided on December 1, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M47683

C/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-10814, 2006-04244

In the Matter of Frederick E. Piesco, Jr., et al.,

appellants, v Margaret Hollihan, etc., et al.,

respondents.

(Action No. 1)

(Index No. 05-2840)

In the Matter of Frederick E. Piesco, Jr., et al.,

appellants, v Margaret Hollihan, etc., et al.,

respondents.

(Action No. 2)

(Index No. 05-8128)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two judgments of the Supreme Court, Rockland County, dated October 14, 2005, and March 24, 2006, respectively, to strike the joint appendix and brief submitted by the appellants, or, 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 to strike the joint appendix and brief is granted to the extent that the appellants are directed to consult with the respondents and, upon the stipulation of the parties, on or before January 2, 2007, the appellants shall serve and file a supplemental joint appendix containing any necessary material that is missing from the joint appendix, 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 respondents' time to serve and file their respective briefs is enlarged until February 2, 2007.

GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court