Appellate Division: Second Judicial Department

M205088

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2014-05315 Zalman Klein, etc., respondent, v Menachem Gutman, et al., appellants. (Index No. 47485/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 15, 2014, on the ground that the record is inadequate or, in the alternative, in effect, to direct the appellants to serve and file a supplemental record and to strike stated portions of the appellants' brief, and to enlarge the time to serve and file a respondent's 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, in effect, to direct the appellants to serve and file a supplemental record and to strike stated portions of the appellants' brief is granted, and on or before February 22, 2016, the appellants shall serve and file a supplemental record that contains the notice of motion dated November 29, 2012, the Joseph A. Churgin affirmation dated November 29, 2012, the Victor A. Worms affirmation dated February 14, 2013, and the Joseph A. Churgin reply affirmation dated November 29, 2012, and delete from the appellants' brief the material beginning on page 18 with the last paragraph through the end of the first full paragraph on page 19, ending with the words "Inspection Orders," or serve and file a replacement brief that does not contain that material; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 22, 2016, and the respondent's brief must be served and filed on or before that date; and it is further, ORDERED that the motion is otherwise denied.

BALKIN, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court