Appellate Division: Second Judicial Department

M81246

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-05094 Robert Thomas, respondent, v Rogers Auto Collision, Inc., et al., appellants. (Index No. 28083/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 14, 2008, or strike the appellants' appendix, 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 dismiss the appeal or strike the appellants' appendix is granted to the extent that on or before January 30, 2009, the appellants shall remove page 272 from the copies of the appellants' appendix filed with the Clerk of the court and either add the following documents to the appellants' appendix or serve and file a supplemental or replacement appendix containing those documents, and that branch of the motion is otherwise denied:

(1) unmarked document corresponding to the document on page 272

(2) lead based paint rider; and

(3) certified mail receipt;

and it is further,

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 2, 2009, and the respondent's brief must be served and filed on or before that date.

SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court