Appellate Division: Second Judicial Department

M84148

E/cb

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2008-01934 Adam Armellino, etc., et al., appellants, v Jason Thomase, etc., et al., defendants, Oceanside Union Free School District, respondent. (Index No. 10943/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered January 9, 2008, to extend their time to comply with a decision and order on motion of this court dated December 5, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appellants' time to comply with the decision and order on motion dated December 5, 2008, by removing the stricken material described in that order from the copies of the record on appeal and/or the appellants' brief filed with the Clerk of the court or serving and filing a replacement record or brief is extended until April 6, 2009, and the decision and order on motion dated December 5, 2008, is amended accordingly; and it is further,

ORDERED that in the event that the appellants serve and file a replacement record on appeal or brief, the respondent may, if it be so advised, serve and file a replacement brief on or before May 6, 2009.

PRUDENTI, P.J., SANTUCCI, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court