Appellate Division: Second Judicial Department

M172039

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2013-10039 Sabor A. Mexico, Inc., et al., respondents, et al., plaintiffs, v 76 South Street Corp., et al., appellants, et al., defendants. (Index No. 22020/07)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered July 17, 2013, for failure to properly settle the transcripts, or on the ground that the appellants' appendix is inadequate, or in the alternative, to direct the appellants file a supplemental appendix, to strike stated portions of the appellants' brief on the ground that they improperly raise arguments for the first time on appeal, 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 direct the appellants to file a supplemental appendix is granted, and on or before May 2, 2014, the appellants shall serve and file a supplemental appendix containing relevant portions of the transcript (see CPLR 5528, 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief on the ground that they improperly raise arguments for the first time on appeal is denied without prejudice to raising the issue in the respondents' brief; 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 June 2, 2014, 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., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court