Appellate Division: Second Judicial Department

M102265

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-02842 R. Scott Miterko, et al., plaintiffs-respondents, v Stuartt D. Peaslee, et al., defendants-respondents, Joe Korbl Plumbing & Heating, Inc., appellant, et al., defendants. (Index No. 36571/07)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 16, 2009, on the grounds that the record on appeal is inadequate and for failure to comply with a decision and order on motion of this court dated January 19, 2010, to direct the appellant to file a supplemental record, to strike stated portions of the appellant's brief on the ground that it raises issues not properly before this court, and 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, it is

ORDERED that the branch of the motion which is to strike to strike stated portions of the appellant's brief is denied without prejudice to raising the issue in the plaintiffs-respondents' brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the plaintiffs-respondents' time to serve and file a brief is granted, the plaintiffs-respondents' time to serve and file a brief is enlarged until June 3, 2010, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court