Appellate Division: Second Judicial Department

M130900

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-08436 Renee Caliendo, respondent, v Robert Ellington, et al., appellants. (Index No. 25099/07)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Kings County, entered August 10, 2010, to extend the time to comply with a decision and order on motion of this Court dated September 26, 2011, or to direct the respondent to serve and file an appendix containing trial exhibits.

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

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated September 26, 2011, is amended by deleting from the first decretal paragraph thereof the words "in their possession"; and it is further,

ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this Court dated September 26, 2011, is granted, and on or before February 3, 2012, the appellants are directed to file all trial exhibits with the Clerk of this Court or file a stipulation omitting certain exhibits in accordance with 22 NYCRR 670.10.2(6)(ii); and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until March 5, 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, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court