Appellate Division: Second Judicial Department

M94415

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-01450 Jill Verch, et al., appellants, v Peter Charles Associates, Ltd., et al., respondents. (Index No. 15067/06)

DECISION & ORDER ON MOTION

Motion by the respondents Peter Charles Associates, Ltd., Peter Charles Lopipero, and Diane Lopipero to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 2, 2009, on the ground that the appellants' supplemental record does not comply with a decision and order on motion of this court dated September 29, 2009, or to strike pages SR1 through SR274 of the supplemental record, to impose a sanction upon the appellants, 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 strike pages SR1 through SR274 of the supplemental record is granted, and on or before November 30, 2009, the appellants shall either remove those pages from the copies of the supplemental record filed with the Clerk of the court or serve and file a replacement supplemental record that does not contain the stricken material; 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 time of the respondents Peter Charles Associates, Ltd., Peter Charles Lopipero, and Diane Lopipero to serve and file a brief is enlarged until December 30, 2009, and the brief of the respondents Peter Charles Associates, Ltd., Peter Charles Lopipero, and Diane Lopipero must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court