Appellate Division: Second Judicial Department

M52851

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-08502 Raymonde Obas, respondent, v Paul M. Grappell, et al., appellants. (Index No. 7060/05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated July 31, 2006, inter alia, to dismiss the appeal on the ground that the record on appeal is incomplete or 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 dismiss the appeal on the ground that the record on appeal is incomplete is granted to the extent that on or before April 17, 2007, the appellants shall serve and file a supplemental record containing the sur-reply affirmation of James S. Paglinawan dated July 25, 2006, as well as any exhibits attached thereto; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 17, 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.

MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court