Appellate Division: Second Judicial Department

M67031

E/sl

STEVEN W. FISHER, J.P.

EDWARD D. CARNI

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-08938 Greens at Half Hollow, LLC, plaintiff-respondent, v Greens at Half Hollow Homeowners Association, Inc., et al., defendants-respondents, Jack Solomons, et al., appellants. (Matter No. 1) In the Matter of Greens at Half Hollow, LLC. Joel Solomon, et al., petitioners-respondents; Jack Solomons, et al., appellants, et al., respondents. (Matter No. 2) (Index No. 7605-07)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 20, 2007, on the ground that the record on appeal is inadequate or, in the alternative, to direct the appellants to file a supplemental record containing certain material and to enlarge the time to serve and file a brief. Separate motion by the petitioners-respondents, inter alia, to dismiss the appeal or, in the alternative, to direct the appellants to file a supplemental record containing certain material and to enlarge the time to serve and file a brief. Separate motion by the defendants-respondents, inter alia, to dismiss the appeal or, in the alternative, to direct the appellants to file a supplemental record containing certain material and to enlarge the time to serve and file a brief. Cross motion by the appellants for leave to file a supplemental record and for a preference in the calendaring of the appeal.

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

ORDERED that the branches of the motions by the plaintiff-respondent and the defendants-respondents which are to direct the appellants to file a supplemental record containing certain material are granted, and on or before March 31, 2008, the appellants shall serve and file a supplemental record containing the following material specified in paragraph 14 of the affirmation of John A. Harras dated January 17, 2008:

(1) four color photographs of unsold homes;

(2) site plan key map of Greens at Half Hollow dated November 27, 2002;

(3) order to show cause of the Supreme Court, Nassau County, dated April 9, 2007;

(4) email dated June 18, 2007;

(5) affirmation of Robert J. Gaffney, September 20, 2006;

(6) order of the Supreme Court, Suffolk County, dated November 28, 2006;

and it is further,

ORDERED that the branch of the motion by the petitioners-respondents which is to direct the appellants to file a supplemental record containing certain material is granted to the extent that the supplemental record to be filed on or before March 31, 2008, shall also contain the motion papers submitted by the parties in connection with the motion filed in Matter No. 2 which resulted in the order dated August 20, 2007, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file respondents' briefs are granted, the time of the plaintiff-respondent, the defendants-respondents, and the petitioners-respondents to serve and file their respective briefs is enlarged until April 30, 2008, and the briefs must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is for leave to file a supplemental record is granted, and the appellants shall serve and file a supplemental record as set forth above; and it is further,

ORDERED that the motions and the cross motion are otherwise denied.

FISHER, J.P., CARNI, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court