Appellate Division: Second Judicial Department

M95249

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2007-02649 Judith Stein, et al., respondents, v Warren McDowell, et al., appellants, et al., defendant. (Index No. 5336-01)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal by Warren McDowell from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 23, 2007, on the ground that his appendix is inadequate, or to direct that the appellant Warren McDowell serve and file a supplemental appendix and for an award of costs and expenses. 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 thereto, and upon the application, it is

ORDERED that the motion is denied with leave to renew on or before December 15, 2009, upon papers specifying the portions of the transcript and the trial exhibits that the respondents intend to rely upon; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 14, 2010, and the respondents' brief must be served and filed on or before that date.

MASTRO, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court