| Islamic Mission of America, Inc. v Ali |
| Motion No: 2016-07890 |
| Slip Opinion No: 2016 NY Slip Op 93385(U) |
| Decided on December 5, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M221370
E/sl
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2016-07890 Islamic Mission of America, Inc., et al., respondents, v Mukbil Omar Ali, et al., appellants. (Index No. 5953/15)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 14, 2016, on the ground that the appellants' appendix is inadequate, and to vacate a stay granted by decision and order on motion of this Court dated August 19, 2016, or, in the alternative, to direct the appellants to serve and file a supplemental appendix containing certain material and 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 direct the appellants to serve and file a supplemental appendix is granted, and on or before January 6, 2017, the appellants shall serve and file a supplemental appendix containing the following material: (1) the order to show cause dated May 12, 2015, and affirmation in support dated May 11, 2015; (2) the notice of cross motion dated August 6, 2015, and affirmation in support dated August 7, 2015, and affirmation of service dated August 7, 2015; (3) the affidavit of the respondent Mikbil Omar Ali dated August 6, 2015; (4) the respondents' memorandum of law dated August 7, 2015; and (5) the contract and consumer note dated September 30, 1993; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until January 23, 2017, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal and to vacate the stay is denied on condition that the appellants serve and file the supplemental appendix on or before January 6, 2016.
ENG, P.J., AUSTIN, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court