Appellate Division: Second Judicial Department

M149681

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2012-05610 Salvatore Vaccaro, et al., appellants, v Steven Weinstein, etc., respondent, et al., defendants. (Index No. 13456/10)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to direct the appellants to serve and file a supplemental record on an appeal from an order of the Supreme Court, Queens County, entered April 16, 2012, and to enlarge the time to serve and file a brief. Application by the respondent 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 motion and the application, 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 serve and file a supplemental record is granted, and on or before February 15, 2013, the appellant shall serve and file a supplemental record containing the respondent's cross motion for a protective order dated November 23, 2011, the respondent's cross motion for a protective order dated December 13, 2011, and exhibits annexed to the papers filed in connection with the motions that resulted in the order entered April 16, 2012; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application for that relief are granted and the respondent's time to serve and file a brief is enlarged until March 18, 2013, 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.

SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court