Appellate Division: Second Judicial Department

M91738

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-01458 Marion Hulse, appellant, v Jose Simoes, respondent. (Index No. 18549/07)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 13, 2009, on the ground that the appellant's appendix is inadequate or to direct the appellant to file a supplemental appendix and to enlarge his 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 is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental appendix is granted to the extent that on or before September 25, 2009, the appellant is directed to file a supplemental appendix containing the reply affirmation filed by the respondent in support of the underlying motion and that branch of the motion is otherwise denied without prejudice to the filing of a respondent's appendix (see CPLR 5528[b]); and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 26, 2009, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court