Appellate Division: Second Judicial Department

M52409

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-07876 Anna Angelillo, et al., appellants, v Splish Splash at Adventureland, Inc., respondent. (Index No. 8007/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 28, 2006, on the ground that the record contains matter dehors the record and is incomplete, or, in the alternative, in effect, to strike the record and brief, to direct the appellants to serve and file a replacement record and brief, 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 branches of the motion which are, in effect, to strike the record and brief and to direct the appellants to serve and file a replacement record and brief are granted, and on or before April 23, 2007, the appellants shall serve and file (1) a replacement record which includes the reply affirmation of Randee H. Arem dated April 25, 2006, submitted in support of the respondent's motion for summary judgment, the order of the Supreme Court, Nassau County, entered December 22, 2006, and the motion papers submitted in connection with that order, and which does not contain the motion and cross motion concerning discovery, and (2) a replacement brief; 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 respondent's time to serve and file a brief is enlarged until May 23, 2007, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court