Appellate Division: Second Judicial Department

M122932

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-09029, 2010-09031 Joan Maraviglia, et al., appellants, v Irina Lokshina, et al., respondents. (Index No. 6892-05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from an order of the Supreme Court, Suffolk County, dated August 13, 2010, and a judgment of the same court entered August 30, 2010, on the ground that the appellants' appendix is inadequate, or alternatively, to direct the appellants to file a supplemental appendix and to enlarge their 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 branches of the motion which are to dismiss the appeals or alternatively, to direct the appellants to file a supplemental appendix, are denied without prejudice to the respondents serving and filing an appendix when they file their brief (see CPLR 5528[b]); and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted and the time to serve and file a brief is enlarged until August 10, 2011, and the respondents' brief must be served and filed on or before that date.

SKELOS, J.P., ENG, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court