Appellate Division: Second Judicial Department

M94432

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2009-00328 In the Matter of Trump on the Ocean, LLC, respondent, v Loraine A. Cortes-Vasquez, et al., appellants. (Index No. 5329/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated December 1, 2008, on the ground that the appellants' appendix is inadequate, or, in the alternative, to direct the appellants to serve and file a supplemental appendix, to strike certain exhibits to the appellants' brief and any references to those exhibits in the brief on the ground that they are dehors the record, and to enlarge the respondent's time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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 or in relation thereto, and upon the application, it is

ORDERED that the branch of the motion which is to strike the exhibits to the appellants' brief and any references to the exhibits is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 and the application for the same relief are granted, the respondent's time to serve and file a brief is enlarged until December 16, 2009, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court