Appellate Division: Second Judicial Department

M116323

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-01798 Santos Marquez, appellant, v Peter J. Brower, et al., respondents, et al., defendants. (Index No. 14129/05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2009, on the ground that the record on appeal is inadequate, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before March 16, 2011, the appellant serve and file a supplemental record containing the excerpt of the appellant's examination under oath annexed to the respondents' motion for summary judgment that resulted in the order dated December 15, 2009, as well as a complete copy of the reply affirmation of William J. Hendrick dated November 29, 2009, filed in connection with that motion; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until April 15, 2011, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court