Appellate Division: Second Judicial Department

M164783

E/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-00666, 2013-05069 Frederick M. Cioffi, et al., respondents, v S.M. Foods, Inc., et al., appellants (and a third-party action). (Index No. 11-55391)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Westchester County, entered November 20, 2012, and January 11, 2013, respectively, on the ground that the joint record is inadequate and contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellants Atlanta Foods International, Russell McCall's, Inc., doing business as Sheila Marie Foods, and Doug Jay for leave to file a supplemental joint record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is granted to the extent that on or before November 19, 2013, the appellants Atlanta Foods International, Russell McCall's, Inc., doing business as Sheila Marie Foods, and Doug Jay must serve and file a joint supplemental record containing the documents listed in the respondents' motion papers, 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 respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 19, 2013, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is granted.

MASTRO, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court