Appellate Division: Second Judicial Department

M175231

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-03715 Chirring Lamini, et al., plaintiffs-responde appellants, v Baroda Properties, Inc., et al. defendants third-party plaintiffs-appellants Ngawang Dolma, et al., third-party defend respondents-appellants. (Index No. 23816/08)

DECISION & ORDER ON MOTION nts- , -respondents; ants

Motion by the plaintiffs-respondents-appellants on an appeal and cross appeals from a decision of the Supreme Court, Queens County, dated March 4, 2013, to dismiss the appeal on the ground that the joint record is inadequate, or, in the alternative, to enlarge the time to serve and file a brief and for leave to serve and file a supplemental record. Separate motion by the third-party defendants-respondents-appellants to dismiss the appeal on the ground that the joint record is inadequate. Application by the plaintiffs-respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the application, and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal and notices of cross appeal from the decision are deemed to be a premature notice of appeal and premature notices of cross appeal from a judgment of the Supreme Court, Queens County, entered March 10, 2014 (see CPLR 5520[c]); and it is further,

ORDERED that on the Court's own motion, on or before July 18, 2014, the defendants third-party plaintiffs-appellants-respondents shall serve and file a supplemental joint record containing the judgment as well as any additional papers necessary to comply with CPLR 5526 and the rules of this Court (see 22 NYCRR 670.10.2[b]); and it is further,

ORDERED that the branch of the plaintiffs-respondents-appellants' motion which is for leave to serve an file a supplemental joint record is denied as academic; and it is further,

ORDERED that the branch of the plaintiffs-respondents-appellants' motion which is to enlarge the time to serve and file a brief and the plaintiffs-respondents-appellants' application are granted, the plaintiffs-respondents-appellants' time to serve and file a brief is enlarged until August 18, 2014, and the plaintiffs-respondents-appellants' brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the third-party defendants-respondents-appellants' time to serve and file a brief is enlarged until August 8, 2014, and the third-party defendants-respondents-appellants' brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

HALL, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court