Appellate Division: Second Judicial Department

M225254

E/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2016-02719 Clarise Nachman, etc., et al., plaintiffs-respondents, v Cheick Koureichi, defendant-respondent, Stop & Shop Supermarket Company, LLC, et al., appellants, et al., defendants. (Index No. 24148/06)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents, inter alia, to dismiss appeals from an order of the Supreme Court, Kings County, dated February 4, 2016, on the grounds that the joint record is inadequate and that the appellants have failed to serve the joint record and the appellants' briefs on all the parties to the appeals, or, in the alternative, to direct the appellants to serve and file a supplemental joint record containing certain material, to designate the defendant Cheick Koureichi as a respondent on the appeals, to direct the appellants to serve Cheick Koureichi with the joint record as well as the appellants' respective briefs, and to enlarge the plaintiffs-respondents' time to serve and file a brief.

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

ORDERED that the branches of the motion which are to direct the appellants to designate Cheick Koureichi as a respondent on the appeals, to serve and file a supplemental joint record containing Cheick Koureichi's papers filed in opposition to the motions that resulted in the order dated February 4, 2016, and to serve Cheick Koureichi with the joint record, the appellants' briefs, and the supplemental joint record, are granted, and on or before February 27, 2017, the appellants shall (1) serve and file a supplemental joint record containing Cheick Koureichi's papers filed in opposition to the motions that resulted in the order dated February 4, 2016, (2) correct the captions of the joint record and the appellants' respective briefs filed with the Clerk of the Court to reflect that Cheick Koureichi is a respondent on the appeals, and (3) serve the joint record, the appellants' briefs, and the supplemental joint record on Cheick Koureichi; and it is further,

ORDERED that Cheick Koureichi shall serve and file a respondent's brief, if any, on or before April 3, 2017; and it is further,

ORDERED that the branch of the motion which is to enlarge the plaintiffs-respondents' time to serve and file a brief is granted, the plaintiffs-respondents' time to serve and file a brief is enlarged until April 3, 2017, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court