Appellate Division: Second Judicial Department

M54000

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-06909 Eric McIver Sneddon, etc., et al., appellants, v Koeppel Nissan, Inc., et al., respondents. (Index No. 27081/99)

DECISION & ORDER ON MOTION

Motion by the respondent Koeppel Nissan, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 12, 2006, on the ground that it was not timely perfected or, in the alternative, to direct the appellants to serve and file a supplemental record containing certain material and to enlarge the time to serve and file a brief. Separate motion by the respondent Habberstad Nissan, Inc., to dismiss the appeal. Separate motion by the respondent Nissan North America to dismiss the appeal, or, in the alternative, in effect, to enlarge the time to serve and file a brief. Application by the respondent Habberstad Nissan, Inc., 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 motions and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branches of the motions of Koeppel Nissan, Inc., and Nissan North America which are to dismiss the appeal and the motion of the respondent Habberstad Nissan, Inc., to dismiss the appeal are denied; and it is further,

ORDERED that the branch of the motion of Koeppel Nissan, Inc., to direct the appellants to serve and file a supplemental record is granted, and on or before May 31, 2007, the appellants shall serve and file a supplemental record containing the verification to the answer of Koeppel Nissan, Inc., the appearance page and page 45 of the deposition transcript of Scott Douglas, the second page of the police accident report, the reply affirmation of Matthew Finkelstein, the reply affidavit of James C. Miller dated April 10, 2006, and the reply affirmation of Bryan Goldstein dated April 10, 2006; and it is further,

ORDERED that the branches of the motions of Koeppel Nissan, Inc., and Nissan North America which are to enlarge the time to serve and file their respective briefs and the application of the respondent Habberstad Nissan, Inc., to enlarge the time to serve and file a brief are granted, the respondents' time to serve and file their respective briefs is enlarged until July 2, 2007, and the respondents' respective briefs must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court