Appellate Division: Second Judicial Department

M129001

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2010-06246 Karamba Sylla, appellant, v Marta S. Gould, et al., respondents. (Index No. 12513/06)

DECISION & ORDER ON MOTION

Motion by the respondent BJC Properties II, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 7, 2010, for failure to serve and file a supplemental record in compliance with a decision and order on motion of this Court dated September 12, 2011. Separate motion by the appellant to extend the time to comply with the decision and order on motion dated September 12, 2011.

Upon the papers filed in support of the motion of the respondent BJC Properties II, Inc., and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, and the appellant's time to serve and file a supplemental record containing all of the papers filed in support of and in opposition to the motion that was determined by the order dated May 7, 2010, as well as the transcript of the hearing held on the motion in compliance with the decision and order on motion dated September 12, 2011, is extended until December 19, 2011; and it is further,

ORDERED that the motion of the respondent BJC Properties II, Inc., is denied.

DILLON, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court