Appellate Division: Second Judicial Department

M220582

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2015-00006 Gerald G. Wright, appellant, v Gerald Gardner Wright, P.C., et al., respondents. (Index No. 7347/13)

DECISION & ORDER ON MOTION

Motion by the respondent 2701 Associates, LLC, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 22, 2014, for failure to comply with a decision and order on motion of this Court dated May 2, 2016, which directed the appellant to serve and file a supplemental record containing certain material on or before June 1, 2016. Separate motion by the appellant to extend the time to comply with the decision and order on motion dated May 2, 2016.

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

ORDERED that the appellant's motion is granted, and on or before November 14, 2016, the appellant shall serve and file a supplemental record containing any motion papers and the exhibits annexed to the motion papers that were considered by the Supreme Court, Nassau County, in determining the motions that resulted in the order dated October 22, 2014, and that were not contained in the record that was filed on February 22, 2016; and it is further,

ORDERED that the respondents' motion is denied; and it is further,

ORDERED that on the Court's own motion, the time of the respondent 2701 Associates, LLC, to serve and file a brief is enlarged until December 14, 2016, and that respondent's brief must be served and filed on or before that date.

DILLON, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court