Appellate Division: Second Judicial Department

M113564

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-10034, 2010-05385 James Lane, respondent, v Willie Smith, Jr., et al., appellants. (Index No. 15773/09)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Queens County, dated September 11, 2009 (Appellate Division Docket No. 2009-10034), and a judgment of the same court entered March 26, 2010 (Appellate Division Docket No. 2010-05385), to strike the record on the appeal from the judgment as inadequate, to consolidate the appeals, and to enlarge the time to serve and file a brief with respect to the appeal from the judgment.

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

ORDERED that the branches of the motion which are to strike the record on the appeal from the judgment entered March 26, 2010 (Appellate Division Docket No. 2010-05385), as inadequate and to consolidate the appeals are denied; and it is further,

ORDERED that on the Court's own motion, on or before January 19, 2011, the appellants shall serve and file a supplemental record with respect to the appeal from the judgment entered March 26, 2010 (Appellate Division Docket No. 2010-05385), containing the exhibits for the inquest on damages; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief with respect to the appeal from the judgment entered March 26, 2010 (Appellate Division Docket No. 2010-05385), is granted, the respondent's time to serve and file a brief is enlarged until February 18, 2011, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court