Appellate Division: Second Judicial Department

M55145

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-06866 Abdo Alkaifi, plaintiff-respondent, v Celestial Church of Christ Calvary Parish, appellant; Martin Hoffman, intervenor-respondent. (Index No. 17021/98)

DECISION & ORDER ON MOTION

Motion by the intervenor-respondent on an appeal from an order of the Supreme Court, Queens County, dated May 19, 2006, to dismiss the appeal on the ground that the appellant's appendix is inadequate. Separate motion by the plaintiff-respondent to dismiss the appeal on the ground that the appellant's appendix is inadequate or 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, it is

ORDERED that the intervenor-respondent's motion to dismiss the appeal and the branch of the plaintiff-respondent's motion which is to dismiss the appeal are denied without prejudice to the respondents filing an appendix or appendices (see CPLR 5528[b]) on or before June 28, 2007; and it is further,

ORDERED that the branch of the plaintiff-respondent's motion which is to enlarge the time of the plaintiff-respondent to serve and file a brief is granted, the time of the plaintiff-respondent to serve and file a brief is enlarged until June 28, 2007, and the plaintiff-respondent's brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court