Appellate Division: Second Judicial Department

M34618

E/nal

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-09261 Leszek Zukowski, et al., appellants, v Yury Gokhberg, et al., defendants, V&V Construction Corporation, respondent (and a third-party action). (Index No. 28062/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated September 30, 2004, inter alia, to direct the appellants to serve and file a supplemental record containing the appellants' exhibit 16 submitted at trial and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the 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 record on appeal containing appellants' exhibit 16 submitted at trial is granted, and on or before January 24, 2006, the appellants shall serve and file a supplemental record on appeal containing exhibit 16; 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 February 23, 2006; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court