Appellate Division: Second Judicial Department

M213878

E/afa

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2012-08079 In the Matter of Jeffrey L. Goldberg, et al., petitioners, Eric Sanders, petitioner-appellant, v New York State Division of Human Rights, respondent, Mary Rocco, respondent-respondent. (Index No. 5937/10)

DECISION & ORDER ON MOTION

Motion by the respondent-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 17, 2012, on the ground that the petitioner-appellant's appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a 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 dismiss the appeal on the ground that the petitioner-appellant's appendix is inadequate is denied on condition that on or before July 25, 2016, the petitioner-appellant serve and file a supplemental appendix containing the affirmation of Tracey S. Bernstein dated July 2, 2012, with annexed exhibits; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent-respondent's time to serve and file a brief is granted, the respondent-respondent's time to serve and file a brief is enlarged until August 24, 2016, and the respondent-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court