Appellate Division: Second Judicial Department

M157434

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

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, based upon 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 containing certain documents or, in the alternative, 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, in effect, to dismiss the appeal is granted to the extent that the supplemental record is stricken, and on or before July 8, 2013, the appellants shall serve and file a replacement supplemental record containing all motion papers, including exhibits, concerning 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, that resulted in the order entered April 16, 2012; if any material is already included in the record on appeal the supplemental record may include pages setting forth the subject matter of the item and the location where it is reproduced in the record on appeal; and that branch of the motion is otherwise denied; 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 August 7, 2013, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court