Appellate Division: Second Judicial Department

M185017

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-00731 Tatiana Pozdynakova, et al., plaintiffs- respondents, v Moses Markowitz, defendant- respondent, Rostislav Bleynis, appellant. (Index No. 1779/11)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents to strike the record and the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated November 1, 2013, on the grounds that the record is inadequate and the record and brief were not properly served, and to enlarge the time to serve and file a brief. Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated September 26, 2014, the matter was remitted to the Supreme Court, Kings County, to report on whether that court considered the opposition papers filed by Moses Markowitz, in determining the motion that resulted in the order dated November 1, 2013, and the plaintiffs-respondents' motion and application were held in abeyance in the interim. The Supreme Court, Kings County, filed its report dated December 8, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, and upon the report dated December 8, 2014, it is

ORDERED that the branch of the motion which is to strike the record and the appellant's brief is granted to the extent that on or before January 30, 2015, the appellant is directed (1) to file and serve upon the plaintiffs-respondents and Moses Markowitz a supplemental record containing the papers filed by Moses Markowitz in opposition to the motion that was determined in the order dated November 1, 2013, (2) to serve two copies each of the record on appeal, the supplemental record on appeal, and the appellant's brief upon counsel for Moses Markowitz, and (3) to file proof of service of the two copies of the record on appeal, the supplemental record on appeal, and the appellant's brief upon counsel for Moses Markowitz, 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 plaintiffs-respondents' time to serve and file a brief and the application for that relief are granted, the plaintiffs-respondents' time to serve and file a brief is enlarged until March 2, 2015, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, Moses Markowitz's time to serve and file a brief is enlarged until March 2, 2015, and Moses Markowitz's brief, if any, must be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court