Appellate Division: Second Judicial Department

M61004

E/sl

GABRIEL M. KRAUSMAN, J.P.

ANITA R. FLORIO

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2007-04811 Master Mechanical Corp., appellant, v James Macaluso, et al., respondents. (Index No. 16280-06)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated April 26, 2007, to strike the record on appeal as inadequate and to dismiss the appeal or, in the alternative, to direct the appellant to file a supplemental record and 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 appellant to file a supplemental record is denied without prejudice to the respondent filing a supplemental record on or before November 13, 2007, containing the documents listed in paragraph 1 of the affirmation of Stephen P. Silberling, dated September 6, 2007, if they be so advised; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until November 13, 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.

KRAUSMAN, J.P., FLORIO, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court