Appellate Division: Second Judicial Department

M120669

E/sl

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-07628 Jacqueline R. Brown, et al., appellants, v County of Suffolk, et al., respondents. (Index No. 18589-08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 16, 2010, on the ground that the record on appeal is inadequate, or 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 on condition that on or before June 16, 2011, the appellants (1) remove pages A71 through A138 from the copies of the record on appeal filed with the Clerk of the Court, (2) serve and file a replacement brief that does not refer to the material contained on those pages, and (3) serve and file a supplemental record containing the affirmation of Charles Eichinger dated January 7, 2010, appellants' supplemental verified bill of particulars, appellants' verified bill of particulars, appellants' discovery responses, the respondents' answer, and the appellants' note of issue and certificate of readiness, and that branch of the motion is otherwise denied; 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 July 18, 2011, and the respondents' brief must be served and filed on or before that date.

COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court