Appellate Division: Second Judicial Department

M200705

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

HECTOR D. LASALLE, 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 appellant has failed to comply with a decision and order on motion of this Court dated September 3, 2015, 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 on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated September 3, 2015, is enlarged until November 12, 2015, and on or before that date 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 it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that the appellant comply with the order dated September 3, 2015, on or before November 12, 2015; 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 and the respondents shall serve and file their respective briefs on or before December 18, 2015.

BALKIN, J.P., COHEN, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court