Appellate Division: Second Judicial Department

M121337

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2010-10287 Don Dokaj, et al., appellants, v Ruxton Tower Limited Partnership, et al., respondents, et al., defendants. (Index No. 3298/94)

DECISION & ORDER ON MOTION

Motion by the respondents Ruxton Tower Limited Partnership, Jeffrey B. Lewis, and Eric Rosenfeld, inter alia, to strike the record on an appeal from an order of the Supreme Court, Queens County, dated September 21, 2010, on the grounds that it is inadequate or to enlarge the respondents' time to serve and file their briefs. Separate motion by the respondents Ruxton Tower Limited Partnership, Jeffrey B. Lewis, and Eric Rosenfeld, inter alia, to dismiss the appeal on the ground that the record on appeal and appellants' brief are not "proper" and contain or refer to matter dehors the record, and for an award of costs and to impose a sanction upon the appellants. Separate motion by the respondent Armor Kone Elevator Co., Inc., inter alia, to dismiss the appeal on the grounds that the appellants failed to serve it with a copy of the record on appeal and the appellants' brief, and failed to identify it as a respondent on the appeal, and to impose a sanction upon the appellants.

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

ORDERED that the branch of the motion which is to strike the record is granted to the extent that on or before July 1, 2011, the appellant shall (1) remove pages 9 through 124 from the copies of the record on appeal filed with the Clerk of the Court, correct the cover of the copies of the record on appeal and the appellants' brief filed with the Clerk of the Court to reflect that Armor Kone Elevator Co., Inc., is a party respondent, serve the corrected record on the respondent Armor Kone Elevator Co., Inc., and serve on all parties and file a supplemental record containing the notice of motion of the respondents Ruxton Tower Limited Partnership, Jeffrey B. Lewis, and Eric Rosenfeld dated February 18, 2010, the accompanying affirmation in support, and the annexed Exhibits A through R, or (2) serve on all parties and file a replacement record incorporating the corrections indicated above; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondents' briefs is granted, the time to serve and file the respondents' briefs is enlarged until August 1, 2011, and the respondents' briefs, if any, must be served and filed on or before that date; and it is further,

ORDERED that the motion, inter alia, to strike the record is otherwise denied, and it is further,

ORDERED that the motions to dismiss the appeal are denied.

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court