Appellate Division: Second Judicial Department

M253722

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-13361 TJG Realty of Rockland, LLC, et al., respondents, v Con Serv Construction, Inc., et al., defendants, Lenan Corp., et al., appellants. (Index No. 30631/12)

DECISION & ORDER ON MOTION

Motion by the appellant Lenan Corp. to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated September 29, 2017. Separate motion by the respondents to dismiss the appeal on the ground that the appellants' appendix is inadequate or, in the alternative, to strike the appellants' appendix and direct the appellants to serve and file a replacement appendix and to enlarge the time to serve and file a brief.

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

ORDERED that the motion by the appellant Lenan Corp. is denied; and it is further,

ORDERED that the respondents' motion is granted to the extent that on or before September 12, 2018, the appellants shall serve and file a supplemental appendix containing the documents set forth in subsections i through vii of paragraph 13 of the affirmation of Robert L. Reda dated June 28, 2018, filed in support of the respondents' motion, the respondents' time to serve and file a brief is enlarged until October 12, 2018, the respondents' brief shall be served and filed on or before that date, and the motion is otherwise denied.

RIVERA, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court