Appellate Division: Second Judicial Department

M132084

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-04665 Peter Pipelias, appellant, v City of New York, et al., respondents. (Index No. 24470/05)

DECISION & ORDER ON MOTION

Motion by the respondent P & T Contracting Corp. to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered March 7, 2011, on the ground that the record on appeal is inadequate or alternatively, to enlarge the time to serve and file a brief. Separate motion by the respondents Sharon E. Pollard and James J. Pollard to dismiss the appeal on the ground that the record on appeal is inadequate or alternatively, to enlarge the time to serve and file a brief. Application by the respondents Sharon E. Pollard and James J. Pollard pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal are granted to the extent that on or before February 23, 2011, the appellant is directed to serve and file a supplemental record containing all of the material attached to the motion papers as Exhibits E through K, except for any material already contained in the record on appeal and those branches of the motions are otherwise denied; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their briefs and the application are granted, the time to serve and file the respondents' briefs is enlarged until March 26, 2012, and the respondents' briefs must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court