Appellate Division: Second Judicial Department

M129402

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-01425 Gihon, LLC, respondent, v 501 Second Street, LLC, et al., appellants. (Index No. 13933/04)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered January 3, 2011, for failure to comply with a decision and order on motion of this Court dated September 2, 2011, which directed the appellant to serve and file a supplemental record on or before September 16, 2011, or to enlarge the time to serve and file a brief, and to impose a sanction upon the appellants and for an award of costs and an attorney's fee.

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, in effect, to dismiss the appeal is denied on condition that on or before December 29, 2011, the appellants serve and file a supplemental record containing the reply affirmation dated May 17, 2010, and its attached exhibits, filed by the respondent in connection with the first of two motions that resulted in the order entered January 3, 2011; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 30, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court