Appellate Division: Second Judicial Department

M254817

E/htr

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-13327, 2017-13329 Mark Lew, respondent, v Gail Sobel, et al., appellants. (Index No. 15524/12)

DECISION & ORDER ON MOTION

Motion by the respondent to direct the appellants to serve and file a supplemental appellants' appendix containing certain exhibits to motion papers and the transcript of a counsel fee hearing on appeals from a judgment of the Supreme Court, Nassau County, dated November 22, 2017, and a money judgment of the same court entered December 1, 2017, or, in the alternative, to dismiss the appeals on the ground that the appellants' appendix is inadequate, and to enlarge the time to serve and file a brief. Cross motion by the appellants for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motion and the cross 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 appellants' appendix containing certain exhibits to motion papers and the transcript of a counsel fee hearing is granted and on or before October 4, 2018, the appellants shall serve and file a supplemental appellants' appendix containing the exhibits to the underlying summary judgment motion papers which are not contained in the appellants' appendix and the transcript of the counsel fee hearing; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 5, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court