Appellate Division: Second Judicial Department

M142752

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2011-09871, 2011-09872, 2011-09873 Cynthia Altoriso Broderson, et al., appellants, v Gary Parsons, et al., respondents. (Index No. 28980/05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered September 19, 2011, on the ground that the appellants' appendix contains matter dehors the record and an unsettled transcript, and is inadequate, to dismiss an appeal from an order of the same court dated August 19, 2011, docketed under Appellate Division Docket No. 2011-09872, which determined the appellant's post-trial motion, on the ground that the appellants' appendix is inadequate, to dismiss an appeal from an order of the same court also dated August 19, 2011, docketed under Appellate Division Docket No. 2011-09873, which dismissed the fourth cause of action, on the ground that the right of direct appeal from that order terminated upon entry of the judgment, or, alternatively, to enlarge the time to serve and file a brief. Cross motion by the appellants for leave to file a supplemental appendix containing the motion papers that resulted in the order docketed under Appellate Division Docket No. 2011-09872.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross 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 dismiss the appeal from the order docketed under Appellate Division Docket No. 2011-09873, which dismissed the fourth cause of action, on the ground that the right of direct appeal from that order terminated upon entry of the judgment is referred to the bench hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondents' brief is granted, the respondents' time to serve and file a brief is enlarged until October 26, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted, and on or before September 26, 2012, the appellant shall serve and file a supplemental appendix containing the motion papers that resulted in the order docketed under Appellate Division Docket No. 2011-09872, which determined the appellant's post-trial motion.

DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court