Appellate Division: Second Judicial Department

M83596

E/cb

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-05041 Mohamed Keita, et al., appellants, v United Parcel Service, et al., respondents. (Index No. 104672/07)

DECISION & ORDER ON MOTION

Motion by the respondents United Parcel Service and Kutry B. Jerzy to dismiss an appeal from an order of the Supreme Court, Richmond County, dated April 18, 2008, on the ground that the appellants failed to serve and file a supplemental record that complied with the decision and order on motion of this court dated December 24, 2008, or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondents Liberty Mutual Fire insurance Company and Peerless Insurance to dismiss the appeal on the same ground.

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

ORDERED that the branch of the motion of the respondents United Parcel Service and Kutry B. Jerzy which is to dismiss the appeal and the motion by the respondents Liberty Mutual Fire insurance Company and Peerless Insurance to dismiss the appeal are denied on condition that on or before April 6, 2009, the appellants serve and file a supplemental record containing the following documents:

(1) the answers to the complaint;

(2) the notice of motion and affidavits annexed thereto, answering affidavits, if any, and reply affidavits, if any, submitted in connection with the motion that resulted in the order being appealed; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of United Parcel Service and Kutry B. Jerzy to serve and file a brief is granted, the time of United Parcel Service and Kutry B. Jerzy to serve and file a brief is enlarged until May 6, 2009, and the brief of United Parcel Service and Kutry B. Jerzy must be served and filed on or before that date.

SPOLZINO, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court