Appellate Division: Second Judicial Department

M50845

E/nl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-02514 Robert A. Griesbeck, etc., et al., appellants, v County of Suffolk, et al., respondents, Laura Hymson, defendant. (Index No. 15694-02)

DECISION & ORDER ON MOTION

Motion by the respondent County of Suffolk to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 12, 2006, on the ground that the record on appeal is incomplete or, in the alternative, 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 enlarge the time to serve and file a brief is granted, the respondent County of Suffolk's time to serve and file a brief is enlarged until March 19, 2007, and the respondent County of Suffolk's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is incomplete is granted to the extent that on or before March 19, 2007, the respondent County of Suffolk, if it be so advised, may file a supplemental record containing its memorandum of law submitted in connection with the underlying motion for summary judgment and that branch of the motion is otherwise denied.

SPOLZINO, J.P., SKELOS, COVELLO, and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court