Appellate Division: Second Judicial Department

M100202

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-06820 Susan Eckman, etc., et al., appellants, v Anthony Cipolla, etc., et al., respondents. (Index No. 26282/05)

DECISION & ORDER ON MOTION

Motion by the respondent Anthony Cipolla to strike the record and the appellants' brief on an appeal from an order of the Supreme Court, Kings County, dated May 19, 2009, on the ground that the record on appeal "omits numerous relevant exhibits" and groups the documents in the record on appeal in a different form than the manner in which they were submitted to the Supreme Court, Kings County, and to enlarge the respondents' time to serve and file their briefs.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the applications, it is

ORDERED that the branch of the motion which is to strike the record on appeal and the appellants' brief is denied with leave to renew on or before April 12, 2010, upon papers setting forth in detail what material is missing from the copies of the record on file with this court, unless the parties stipulate to serve and file a supplemental record containing the missing material; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until May 7, 2010, and the respondents' briefs must be served and filed on or before that date.

RIVERA, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court