Appellate Division: Second Judicial Department

M198747

E/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-08061 Vladimir Sudit, etc., appellant, v Esther M. Labin, et al., defendants, Bais Hamedrash Ateres Chaim Hanipoly, et al., respondents. (Index No. 12235/08)

DECISION & ORDER ON MOTION

Motion by the respondents Moshe Lieb Lax, Zlaty Schwartz, and Citibank, N.A., to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 24, 2013, on the ground that the record is inadequate, or to compel the appellant to serve and file a supplemental record containing certain material and to enlarge the time to serve and file a brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to compel the appellant to serve and file a supplemental record is granted, and on or before October 6, 2015, the appellant shall serve and file a supplemental record containing the papers filed in support of and in opposition to the underlying summary judgment motion; and it is further,

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 their brief is enlarged until November 20, 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 application is granted, the appellant's time to serve and file a reply brief is enlarged until December 10, 2015, and the appellant's reply brief must be served and filed on or before that date.

LEVENTHAL, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court