Appellate Division: Second Judicial Department

M128061

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-07581 Inocencio Infante, appellant, v Breslin Realty Development Corp., defendant third-party plaintiff-respondent, Modell's Sporting Goods, Inc., defendant-respondent; Toys "R" Us, etc., et al., third-party defendants-respondents. (Index No. 12387/06)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent Centimark Corporation to dismiss an appeal from an order of the Supreme Court, Nassau County, entered July 14, 2010, as superseded by an order of the same court dated April 29, 2011, made upon reargument, or to enlarge the record to include the order dated April 29, 2011, as well as the motion papers that resulted in that order, and 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 and in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied (see CPLR 5517); and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include the order dated April 29, 2011, and the motion papers that resulted in that order, and to enlarge the time to serve and file a brief is granted, and on or before December 16, 2011, the third-party defendant-respondent Centimark Corporation shall serve and file a supplemental record containing the order dated April 29, 2011, as well as the motion papers that resulted in the order, and shall serve and file a brief.

SKELOS, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court