Appellate Division: Second Judicial Department

M51786

E/sl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

PETER B. SKELOS, JJ.

2006-06866 Abdo Alkaifi, plaintiff-respondent, v Celestial Church of Christ Calvary Parish, appellant; Martin Hoffman, intervenor-respondent. (Index No. 17021/98)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on an appeal from an order of the Supreme Court, Queens County, dated May 19, 2006, to strike the appendix as inadequate and to enlarge the time to serve and file a brief. Application by the intervenor-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to strike the appendix as inadequate is granted to the extent that on or before April 9, 2007, the appellant shall serve and file a supplemental appendix containing the exhibits listed in paragraph 5 of the affirmation of the plaintiff-respondent submitted in support of this motion 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 of the plaintiff-respondent to serve and file a brief and the application are granted, the time of the plaintiff-respondent and the intervenor-respondent to serve and file their briefs is enlarged until May 9, 2007, and those briefs must be served and filed on or before that date.

SCHMIDT, J.P., SPOLZINO, FLORIO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court