Appellate Division: Second Judicial Department

M109296

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-04021 Ileana Ortiz and Wilfredo Ricardo Janeta Ortiz, Co-Administrators of the Estate of Maria Lopez, appellant-respondent, v Ana Jaramillo, etc., et al., defendants, George Tsioulas, etc., respondent-appellant. (Index No. 30477/04)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 13, 2009, to dismiss the appeal on the ground that the joint appendix is inadequate, to strike the joint appendix, 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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to strike the joint appendix is granted, the joint appendix and the appellant-respondent's brief are stricken, and on or before November 8, 2010, the appellant-respondent shall serve and file a replacement brief and replacement joint appendix or replacement joint record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as premature.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court