Appellate Division: Second Judicial Department

M189859

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-04697 Peter Bingham, plaintiff-respondent, v 347 11th Street, LLC, et al., defendants third-party plaintiffs-respondents, Ushie Ogar, defendant-respondent; Emanes Corp., et al., third-party defendants-respondents; First Mercury Financial Corporation, et al., third-party defendants-appellants. (Index No. 7086/10)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 15, 2014, on the ground that the record is inadequate, to enlarge the time to serve and file a brief, and to impose a sanction upon the appellants and for an award of costs. Cross motion by the third-party defendants-appellants to impose a sanction upon the defendants third-party plaintiffs-respondents and for an award of costs and fees for making a frivolous motion.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the movants' time to serve and file a brief is granted, the movants' time to serve and file a brief is enlarged until April 29, 2015, and the movants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that on the Court's own motion, the record is deemed to be an third-party defendants-appellants' appendix and on or before April 29, 2015, the third-party defendants-appellants shall subpoena the original papers constituting the record from the Supreme Court, Kings County.

RIVERA, J.P., SGROI, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court