Appellate Division: Second Judicial Department

M189062

T/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2013-09969 Richard Crawford, etc., appellant, v Kenneth Smith, respondent. (Index No. 18411/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered August 26, 2013, on the ground that the appendix filed by the appellant is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental appendix, 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 dismiss the appeal, or, in the alternative, to direct the appellant to serve and file a supplemental appendix is denied without prejudice to the respondent filing a supplemental appendix if he be so advised; 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 respondent's time to serve and file a brief is enlarged until April 15, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court