Appellate Division: Second Judicial Department

M265377

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2018-06849 Theodoros Delimitropoulos, appellant, v Michael Karantinidis, et al., respondents (and a third-party action). (Index No. 701980/14)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered May 3, 2018, on the ground that the record is inadequate and the appellant failed to comply with a decision and order on motion of this Court dated April 24, 2019. Separate motion by the respondents to extend 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 on the Court's own motion, on or before September 20, 2019, the respondents shall make Defendants' Exhibits YY, OOO, and RRR available for copying by the appellant, or, if any exhibit is unavailable, advise the appellant, in writing, that the subject exhibit is not in the possession of the respondents, trial counsel for the respondents, and appellate counsel for the respondents; and it is further,

ORDERED that the motion to dismiss the appeal is denied on condition that on or before October 21, 2019, the appellant serve and file a supplemental record containing Defendants' Exhibits YY, OOO, and RRR; and it is further,

ORDERED that the motion to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until November 20, 2019, and the respondents' brief shall be served and filed on or before that date.

MASTRO, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court