Appellate Division: Second Judicial Department

M50622

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-10641 In the Matter of Andrew Naclerio Associates, Inc., et al., petitioners, v V.J. Pradhan, et al., respondents. (Index No. 06-92)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Rockland County, dated May 25, 2006, on the ground that the appendix is incomplete or, in the alternative, to direct the petitioners to serve and file a supplemental appendix, 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 to direct the petitioners to serve and file a supplemental appendix is granted to the extent that on or before March 12, 2007, the petitioners are directed to serve and file a supplemental appendix containing relevant portions of the transcript of the hearing (see CPLR 5528[a][5]; 22 NYCRR 670.10.2 [c][1][v]); 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 a brief is enlarged until April 11, 2007, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., SANTUCCI, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court