Appellate Division: Second Judicial Department

M73991

S/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2007-06505 Salvatore Cirincione, et al., plaintiffs-respondents, v Atlantic Hylan Corp., defendant-respondent, M.J. & T. Corp., appellant. (Index No. 100338/05)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Richmond County, dated May 24, 2007, and to enlarge the time to serve and file a brief. By decision and order on motion of this court dated February 22, 2008, the matter was remitted to the Supreme Court, Richmond County, to report on whether the court considered the plaintiffs-respondents' papers submitted in support of their motion to compel the defendant-respondent and the appellant to comply with certain orders of the same court in determining the appellant's motion for summary judgment which resulted in the order dated May 24, 2007, and the motion for leave to serve and file a supplemental record and to enlarge the time to serve and file a brief was held in abeyance in the interim. The Supreme Court, Richmond County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Richmond County, it is

ORDERED that the motion is granted and on or before August 22, 2008, the plaintiffs-respondents shall serve and file a supplemental record containing the papers submitted in support of their motion to compel the defendant-respondent and the appellant to comply with certain orders of the same court; and it is further,

ORDERED that the respondents' time to serve and file their respective briefs is enlarged until September 2, 2008, and the respondents' briefs shall 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