Appellate Division: Second Judicial Department

M192816

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2014-08245 Rose Giammona, plaintiff-respondent, v 72 Mark Lane, LLC, et al., defendants third-party plaintiffs-appellants; John Giammona, third-party defendant-respondent. (Index No. 7009/12)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent and third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 16, 2014, inter alia, on the ground that the record is inadequate, or, in the alternative, to enlarge their 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 is denied on condition that on or before June 29, 2015, the appellant shall serve and file a supplemental record containing the notice of motion dated March 5, 2014, the affirmation of Miguel Torrellas dated March 6, 2014, the affidavit of Rose Giammona sworn to March 5, 2014, the affidavit of John Giammona sworn to March 5, 2014, and the reply affirmation of Miguel Torrellas dated April 14, 2014; 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 time of the plaintiff-respondent and third-party defendant-respondent to serve and file a brief is enlarged until July 29, 2015, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DICKERSON, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court