Appellate Division: Second Judicial Department

M65897

E/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2007-03898 Florence Seff, etc., et al., respondents, v Meltzer, Lippe, Goldstein & Schlissel, P.C., et al., appellants, et al., defendant. (Index No. 9355/00)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 6, 2007, on the ground that the appellants' joint appendix is inadequate, or, in effect, to direct the appellants to supplement the appendix, and to enlarge their 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 dismiss the appeal or, in effect, to direct the appellants to supplement the appendix is granted to the extent that on or before February 22, 2008, the appellants shall serve and file a supplemental joint appendix containing (1) the affirmation of Michael J. Devereaux dated November 21, 2006, and the exhibits annexed thereto, which were annexed to the papers filed in support of the respondents' motion as Exhibit 1, (2) the affidavit of Gary Sazer dated November 21, 2006, and the exhibits annexed thereto, (3) the reply affirmation of Michael J. Devereaux dated January 9, 2007, which was annexed to the papers filed in support of the respondents' motion as Exhibit 27, and that branch of the motion is otherwise denied without prejudice to the respondents filing an appendix (see CPLR 5528[b]); 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 March 24, 2008, and the respondents' brief must be served and filed on or before that date.

LIFSON, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court