Appellate Division: Second Judicial Department

M221081

E/afa

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-07517 Nella Manko, appellant, v Bernard H. Broome, etc., et al., respondents. (Index No. 20555/10)

DECISION & ORDER ON MOTION

Motion by the respondents Bernard H. Broome and Law Offices of Bernard H. Broome, PLLC, to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 30, 2015, on the ground that the appellant's appendix is inadequate and for an award of costs and to impose a sanction upon the appellant, to preclude the appellant from commencing any actions against them relating to an accident which occurred on March 26, 2002, 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 the branch of the motion which is to dismiss the appeal on the ground that the appellant's appendix is inadequate is denied on condition that on or before December 9, 2016, the appellant serve and file (1) a supplemental appendix containing the papers filed by the respondents Bernard H. Broome and Law Offices of Bernard H. Broome, PLLC, in opposition to the motion that was determined by the order dated April 30, 2015, and (2) a replacement brief that does not refer to matter dehors the record, contains appropriate citations to the appellant's appendix and appellant's supplemental appendix, and which does not refer to matter dehors the record, and it is further,

ORDERED that the branch of the motion which is for an award of costs and to impose a sanction upon the appellant is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to preclude the appellant from commencing an action against the respondent relating to the accident which occurred on March 26, 2002, is denied without prejudice to seeking relief in the Supreme Court, Kings County; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the respondents Bernard H. Broome and Law Offices of Bernard H. Broome, PLLC, to serve and file a brief is granted, the movants' time to serve and file a brief is enlarged until January 16, 2017, and the movants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court