Appellate Division: Second Judicial Department

M230785

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-04719 Syed A. Shah, appellant, v Md M. Rahman, et al., respondents. (Index No. 15370/12)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered March 18, 2016, on the ground that the appellant's appendix is inadequate, or, in effect, to direct the appellant to serve and file a supplemental appendix. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to direct the appellant to serve and file a supplemental appendix is granted to the extent that on or before June 9, 2017, the appellant shall serve and file a supplemental appendix containing the portions of the trial testimony of the respondents' experts, as well as any trial exhibits, that "the appellant reasonably assumes will be relied upon by the respondent[s]" (CPLR 5528[a][5]); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until July 10, 2017, and the respondents' brief shall be served and filed on or before that date.

DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court