Appellate Division: Second Judicial Department

M102282

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT, JJ.

2009-05700 Anna Poplawski, et al., appellants-respondents, v Beth R. Gross, etc., et al., respondents-appellants, Terry Rifkin, etc., et al., respondents. (Index No. 11088/02)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated April 30, 2009, for leave to file a supplemental joint record containing copies of the order appealed from with a date of entry stamp and the appellants-respondents' notice of entry of the order dated April 30, 2009, to deem the cross appeal timely taken, and to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]). Cross motion by the appellants-respondents to direct the respondents-appellants to pay one-half the cost of the joint record, or to dismiss the cross appeal as untimely taken.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to file a supplemental record containing copies of the order appealed from with a date of entry stamp and the appellants-respondents' notice of entry is granted, and on or before June 4, 2010, the respondents-appellants shall serve and file a supplemental joint record containing those documents; and it is further,

ORDERED that the appellants-respondents shall pay one half the cost of the supplemental joint record within two weeks after service upon them of a paid receipt for the cost of the supplemental joint record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief is granted, the respondents-appellants' time to serve and file a brief is enlarged until June 4, 2010, and the respondents-appellants' brief, including the points of argument on the cross appeal (see 22 NYCRR 67.8[c][3]), must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to deem the cross appeal timely taken and the branch of the cross motion which is to dismiss the cross appeal as untimely taken are denied without prejudice to the respondents-appellants responding to the issue as raised in the appellants-respondents' brief and the panel of justices hearing the appeal and cross appeal will determine the issue upon the argument or submission of the appeal and cross appeal; and it is further,

ORDERED that the branch of the cross motion which is to direct the respondents-appellants to pay one-half the cost of the joint record is granted and at the time the respondents-appellants file the answering brief and the supplemental joint record they shall file proof of payment of one-half the cost of the joint record.

RIVERA, J.P., FLORIO, ANGIOLILLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court