Appellate Division: Second Judicial Department

M110582

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-11273 Louis A. Wenger, appellant, v DMR Realty Management, Inc., et al., respondents. (Index No. 44413-08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 23, 2009, on the ground that the record on appeal is inadequate, or, in the alternative, in effect, to direct the appellant to correct the table of contents and document headers of the record, and file a supplemental record, and to enlarge the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to report on whether the court considered (1) the letter of Joseph I. Farca to the Supreme Court, Suffolk County, dated July 17, 2009, and attached exhibits, and (2) the letter of Robert J. La Reddola to the Supreme Court, Suffolk County, dated July 21, 2009, in determining the motions that resulted in the order dated October 23, 2009. The Supreme Court, Suffolk County, shall file its report with all convenient speed.

ORDERED that the motion and the application are held in abeyance in the interim.

FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court