Appellate Division: Second Judicial Department

M164818

E/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-00616 Marion Gist, et al., respondents-appellants, v House Management, Inc., et al., defendants, Wells Fargo Bank, NA, et al., appellants-respondents, Intracoastal Abstract Company, Inc., et al., respondents. (Index No. 12371/12)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to strike the joint record on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated November 9, 2012, as inadequate 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 to strike the joint record is granted to the extent that on or before November 20, 2013, the appellants-respondents must serve and file a supplemental record containing the respondents-appellants' notice of cross appeal as well as the notice of entry of the order dated November 9, 2012, which was filed by the respondents, 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-appellants' time to serve and file a brief is granted, the respondents-appellants' time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until December 16, 2013, and the respondents-appellants' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court