Appellate Division: Second Judicial Department

M97707

T/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

PLUMMER E. LOTT, 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

Renewed 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 granted to the extent that on or before February 11, 2010, the appellants are directed to serve and file a supplemental appendix containing (1) all of the pages of the transcript of the trial which are listed in Schedule A annexed to the affirmation of Robert A. Ross in support of the motion, except those pages of the transcript which have already been included in the appellants' appendix, and (2) trial exhibits 36-44, 51-54A, 62, 87-89, 91-98, 100-101, 103-110, and AA, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and the respondents' time to serve and file a brief is enlarged until March 4, 2010, and the respondents' brief must be served and filed on or before that date.

SKELOS, J.P., ANGIOLILLO, BALKIN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court