Appellate Division: Second Judicial Department

M49948

E/sl

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-04405, 2006-10717 Jeffrey King, plaintiff, Cherie Clark-King, appellant, v Robiul Islam, et al., respondents. (Index No. 43462/98)

DECISION & ORDER ON MOTION

Motion by the respondents Robiul Islam and Fren Cab Corp. on appeals from two orders of the Supreme Court, Kings County, dated March 8, 2006, and April 11, 2006, respectively, for leave to file a supplemental record containing an order of the same court dated March 3, 2005, and the motion papers submitted to the Supreme Court which resulted in that order, and to enlarge the time to serve and file a brief, and separate motion by the respondent Jun K. Diaz to dismiss the appeal or to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is for leave to file a supplemental record containing the order dated March 3, 2005, and the motion papers submitted to the Supreme Court which resulted in that order, is granted, and on or before February 26, 2007, the respondents Robiul Islam and Fren Cab Corp. shall serve and file the supplemental record containing the order dated March 3, 2005, and the motion papers; and it is further,

ORDERED that the branches of the motions which were to enlarge the respondents time to serve and file their briefs are granted, the respondents' time to serve and file their briefs is enlarged until February 26, 2007, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion of the respondent Jun K. Diaz to dismiss the appeal is denied without prejudice to raising the issue in his brief; and it is further,

ORDERED that the motion of the respondent Jun K. Diaz is otherwise denied.

SCHMIDT, J.P., RIVERA, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court