Appellate Division: Second Judicial Department

M226947

S/ct

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-04951 Pentacon, LLC, respondent, v 422 Knickerbocker, LLC, et al., appellants. (Index No. 6667/11)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated February 29, 2016, to direct the appellants to serve and file a supplemental record containing transcripts of the deposition testimony of Jack Dushey and Meyer Mahana and to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated February 1, 2017, the matter was remitted to the Supreme Court, Kings County, to report on whether that court considered the deposition testimony of Jack Dushey and Meyer Mahana in determining the motion and cross motion that resulted in the order dated February 29, 2016. The Supreme Court, Kings County has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record containing a transcript of the deposition testimony of Jack Dushey and Meyer Mahana is granted to the extent that on or before March 29, 2017, the appellants shall serve and file a supplemental record containing a transcript of the deposition testimony of Jack Dushey, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 1, 2017, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., AUSTIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court