Appellate Division: Second Judicial Department

M54475

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

GABRIEL M. KRAUSMAN

EDWARD D. CARNI, JJ.

2006-11418 Nicholas Chahales, et al., appellants, v Westchester Joint Water Works, et al., respondents, et al., defendant. (Index No. 04-9809)

DECISION & ORDER ON MOTION

Motion by the respondent Westchester County, joined by the respondent City of Yonkers, on an appeal from an order of the Supreme Court, Westchester County, entered October 16, 2006, to strike the appellants' appendix as inadequate, or, in the alternative, for leave to file an appendix and, in effect, to enlarge the respondents' time to serve and file their respective briefs.

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

ORDERED that the branch of the motion which is to strike the appellants' appendix as inadequate is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file an appendix is denied as unnecessary (see CPLR 5528[b]), the respondents may file one joint appendix, if they be so advised; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until June 25, 2007, and the respondents' respective briefs must be served and filed on or before that date.

MILLER, J.P., MASTRO, KRAUSMAN and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court