Appellate Division: Second Judicial Department

M159463

E/sl

THOMAS A. DICKERSON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-00258 DECISION & ORDER ON MOTION Maryann Deppen, et al., respondents, v Peter J. Pagano, appellant. (Index No. 11-52957)

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, dated November 13, 2012, on the ground that the record is inadequate, or, in the alternative, in effect, to direct the appellant to file a supplemental record 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, in effect, to direct the appellant to file a supplemental record is granted to the extent that on or before August 7, 2013, the appellant must serve and file a supplemental record containing full deposition transcripts which constituted Exhibits 7, 8, and 9 annexed to the papers filed by the respondents in connection with the motion and cross motion that resulted in the order dated November 13, 2012; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until September 9, 2013, 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.

DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court