Appellate Division: Second Judicial Department

M65754

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2007-08467 West Orange Management, Inc., respondent, v Vincent Alaimo, et al., appellants. (Index No. 05-2450)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Orange County, entered July 23, 2007, on the ground that the appellants did not file the trial transcript, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellants for leave to file a supplemental appendix containing the trial transcript.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 28, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted, and on or before February 27, 2008, the appellants shall serve and file a supplemental appendix containing the trial transcript.

RIVERA, J.P., MILLER, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court