Appellate Division: Second Judicial Department

M211116

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2015-08197 Lenny Gullo, et al., appellants, v Bellhaven Center for Geriatric and Rehabilitative Care, Inc., also known as Bellhaven Nursing Center, et al., defendants, Mark Shapiro, etc., respondent. (Index No. 25986/09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, entered May 19, 2015, on the ground that the appellants' appendix is inadequate, or, in the alternative, to direct the appellants to serve and file a supplemental appendix and to enlarge the time to serve and file a respondent's brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental appendix is granted and, on or before July 15, 2016, the appellants shall serve and file a supplemental appendix that complies with the CPLR and the rules of this Court (see CPLR 5528; 22 NYCRR 670.10.2[c]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until August 15, 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., HALL, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court