Appellate Division: Second Judicial Department

M197590

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2014-10420 Lisa Mueckenheim, appellant, v Eldron Smith, et al., respondents. (Index No. 4943/12)

DECISION & ORDER ON MOTION

Motion by the respondents Eldron Smith and JTR Transportatino Corp. to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated September 12, 2014, on the ground that the record is inadequate or, alternatively, to enlarge the respondents' time to serve and file their respective briefs.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is inadequate is denied on condition that on or before September 11, 2015, the appellant serve and file a supplemental record containing the reply affirmations filed by the respondents in connection with the motion and cross motion that were determined by the order dated September 12, 2014, 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 respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their briefs is enlarged until October 13, 2015, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court