Appellate Division: Second Judicial Department

M135706

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-10742 In the Matter of Royal Leisure, etc., respondent, v TLAM, Inc., etc., et al., appellants. (Index No. 41786-10)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated October 13, 2011, (1) to vacate a stay of enforcement of a judgment of the same court entered May 19, 2011, which was granted in a decision and order on motion of this Court dated December 14, 2011, (2) to strike the appellants' appendix as inadequate or direct the appellants to file a supplemental appendix, and (3) for an award of costs.

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

ORDERED that the branch of the motion which is to direct the appellants to file a supplemental appendix is granted, and on or before May 3, 2012, the appellants shall serve and file a supplemental appendix containing the papers necessary to review the issues on the appeal (see CPLR 5528[5]; 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the motion is otherwise denied; 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 June 4, 2012, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court