Appellate Division: Second Judicial Department

M258244

E/afa

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 appellants 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, for leave to reargue the respondent's motion, inter alia, 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, which was determined by decision and order on motion of this Court dated September 5, 2018, or, in the alternative, to extend the time to comply with the decision and order on motion of this Court dated September 5, 2018.

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

ORDERED that the branch of the appellants' motion which is to extend the time to comply with the decision and order on motion of this Court dated September 5, 2018, is granted and on or before January 14, 2019, 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 motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court