Appellate Division: Second Judicial Department

M162035

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, 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 dismiss an appeal from an order of the Supreme Court, Queens County, entered April 16, 2012, on the ground that the supplemental record filed by the appellants in accordance with a decision and order on motion of this Court dated June 5, 2013, is incomplete 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 to dismiss the appeal is denied on condition that on or before September 25, 2013, the appellants shall serve and file a further supplemental record in the form attached to the motion papers as Exhibit J; 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 October 25, 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.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court