Appellate Division: Second Judicial Department

M136074

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-03512, 2011-03513, 2011-03514 Cherubin Antiques, Inc., plaintiff, Lenore Malvasio, et al., appellants, v Mark Matiash, etc., et al., defendants-respondents; Paul T. Vink, etc., nonparty-respondent. (Index No. 2022/10)

DECISION & ORDER ON MOTION

Motion by the respondents Jaime Ezratty and Ezratty, Ezratty & Levine, LLP, to dismiss appeals from two orders of the Supreme Court, Nassau County, both dated February 18, 2011, and an order of the same court dated March 4, 2011, or, in the alternative, to strike the appellants' brief, on the ground that the appellants raise issues that are not properly before the Court, and to enlarge the time to serve and file a brief. Separate motion by the respondent Mark Matiash to dismiss the appeals on the ground that the appendix is inadequate and contains matter dehors the record, and on the ground that the appendix is not properly certified, and to enlarge the time to serve and file a brief. Separate applications by the respondents Jaime Ezratty and Ezratty, Ezratty & Levine, LLP, and the respondent Mark Matiash 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 thereto and the papers filed in support of the applications and the papers filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeals are granted to the extent that pages 121 through 201 of the appendix and the appellants' brief are stricken, and on or before May 11, 2011, the appellants shall file a supplemental appendix containing the papers relating to the orders dated February 18, 2011, or file a replacement appendix containing only the papers relating to the orders on appeal and file a replacement brief that raises issues only relating to the orders 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 applications for that relief are granted, the respondents' time to serve and file their briefs is enlarged until June 11, 2012, and the respondent's briefs must be served and filed on or before that date.

RIVERA, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court