Appellate Division: Second Judicial Department

M104492

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-02944 Arlene Burger, appellant, v Keith Singh, et al., respondents, et al., defendants. (Index No. 5414/00)

DECISION & ORDER ON MOTION

Motion by the respondent Keith Singh to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 9, 2009, on the ground that the appellant's appendix is inadequate, or to direct the appellant to file a supplemental appendix and to enlarge the respondent Keith Singh's 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 direct the appellant to file a supplemental appendix and to enlarge the respondent Keith Singh's time to serve and file a brief is granted; and it is further,

ORDERED that on or before July 19, 2010, the appellant shall serve and file a supplemental appendix containing the affirmations or affidavits in support of the motions of the appellant, Keith Singh, and Frank Singh/Marine Funding, Inc., that resulted in the order dated March 9, 2009, the affirmations or affidavits in opposition and in reply, with any relevant exhibits, to the extent that the above material is not already contained in the initial appendix; and it is further,

ORDERED that the respondent Keith Singh's time to serve and file a brief is enlarged until August 18, 2010, and the respondent Keith Singh's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court