Appellate Division: Second Judicial Department

M113213

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-07582 Paraskevi Dimitriadis, etc., et al., appellants, v Visiting Nurse Service of New York, respondent. (Index No. 8738/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated June 18, 2009, to recall and vacate a decision and order on motion of this Court dated September 3, 2010, which, inter alia, directed the appellants to serve and file a replacement brief and replacement record on or before October 4, 2010, and reinstate a decision and order on motion dated July 28, 2010, which, inter alia, directed the appellants to serve and file a replacement brief and replacement record on or before August 30, 2010. Separate motion by the appellants to extend their time to file a replacement brief and replacement record.

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

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the appellant's motion is granted, and on or before December 30, 2010, the appellants shall file the replacement brief and replacement record; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until January 31, 2011, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court