Appellate Division: Second Judicial Department

M144144

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2011-11200 Sharon Khosrova, et al., appellants, v Christian Westermann, respondent. (Index No. 13953/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 4, 2011, on the ground that the appellants' appendix is inadequate, or, in the alternative, to direct the appellants to serve and file a replacement appendix and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellants to serve and file a replacement appendix and to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the appellants' appendix is stricken and on or before October 29, 2012, the appellants shall serve and file a replacement appendix that contains "those portions of the record necessary to permit the court to fully consider the issues which will be raised by the appellant and the respondent" (see 22 NYCRR 670.10-2 [c][1]); and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 3, 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.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court