Appellate Division: Second Judicial Department

M256315

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-07442 John V. Muzio, Jr., etc., appellant, et al., plaintiff, v Maria Alfaro-Hardy, etc., et al., respondents. (Index No. 10528/05)

DECISION & ORDER ON MOTION

Motion by the respondents Maria Alfaro-Hardy, Joanne Banco, and Village of Bayville, inter alia, in effect, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 8, 2017, on the ground that the appellant's appendix is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondent Florence Risman to dismiss the appeal on the ground that the appellant's appendix is inadequate or, in the alternative, 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 branches of the motions which are to dismiss the appeal are denied on condition that on or before November 13, 2018, the appellant serve and file a supplemental appendix containing all of the motion papers considered by the Supreme Court, Nassau County, in determining the motions that resulted in the order entered May 8, 2017; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is enlarged until December 13, 2018, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motion by the respondents Maria Alfaro-Hardy, Joanne Banco, and Village of Bayville is otherwise denied.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court