Appellate Division: Second Judicial Department

M154414

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

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, in effect, to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 16, 2012, for the appellant's failure to comply with a decision and order on motion of this Court dated January 16, 2013, which directed them to serve and file a supplemental record on or before February 15, 2013, or, in the alternative, to enlarge the time to serve and file a brief. Application by the appellants to enlarge the time to comply with the decision and order on motion dated January 16, 2013.

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

ORDERED that the application is granted, and on or before April 24, 2013, the appellants 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 respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until May 24, 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., HALL, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court