Appellate Division: Second Judicial Department

M54360

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-10207, 2006-11228 Murray Breidbart, et al., appellants, v Melvin L. Wiesenthal, et al., defendants, Samuel Goldstein, et al., respondents. (Index No. 6038/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Kings County, dated June 12, 2006, and October 25, 2006, respectively, on the ground that the appellants' appendix is inadequate, or to direct the appellants to serve and file a supplemental appendix containing certain exhibits and, in effect, 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 direct the appellants to serve and file a supplemental appendix containing Exhibits B, C, D, G, H, I, L-2, O, and Q is granted, and on or before May 30, 2007, the appellants shall serve and file a supplemental appendix containing those exhibits; 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 respondents' time to serve and file a brief is enlarged until June 29, 2007, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court