Appellate Division: Second Judicial Department

M213877

E/afa

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-10364, 2016-06240 J.K. Petroleum, Inc., respondent, v JMP USA, Inc., appellant. (Index No. 5151/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 31, 2015, on the ground that the appellant's appendix is inadequate and contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from a judgment of the Supreme Court, Nassau County, entered October 8, 2015 (see CPLR 5501[c]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before July 28, 2016, the appellant serve and file a replacement appendix that complies with the CPLR and the rules of this Court, and contains the judgment entered October 8, 2015, and a replacement brief that cites to the replacement appendix; 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 August 29, 2016, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court