Appellate Division: Second Judicial Department

M103833

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-01101 Rick A. Schwab, respondent, v Beth Ann Phillips, defendant; Peter J. Mollo, etc., nonparty-appellant. (Index No. 10944/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 6, 2009, for failure to comply with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court, for summary affirmance, and for an award of costs.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the nonparty-appellant's time to comply with the decision and order on motion dated March 31, 2010 by (1) serving and filing a supplemental appendix containing (a) the corrected order of the Supreme Court, Kings County, dated January 28, 2009, and (b) the stipulation dated December 14, 2006, regarding escrow of the proceeds of the sale of certain personal property, (2) removing page 272 from the copies of the appendix filed with the Clerk of the court, and (3) replacing pages 37 through 41, 68 through 72, and 106 through 127 of the copies of the appendix filed with the Clerk of the court with pages that do not contain handwritten markings or notations is extended until June 10, 2010; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 12, 2010, and the respondent's brief if any, must be served and filed on or before that date.

PRUDENTI, P.J., FISHER, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court