Appellate Division: Second Judicial Department

M35091

T/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-07280 Rocco Giannattasio, appellant, v Han Suk Kang, et al., respondents. (Index No. 38610/01)

DECISION & ORDER ON MOTION

Motion by the respondent New York City Off Track Betting Corp. on an appeal from a judgment of the Supreme Court, Kings County, entered July 25, 2005, to enlarge the record on appeal to include certain documents, to enlarge its time to serve and file a brief, and to postpone the oral argument of the instant appeal.

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 enlarge the record is granted to the extent that on or before February 16, 2006, the respondent New York City Off Track Betting Corp. shall serve and file a supplemental record containing the notice of claim dated May 8, 2001, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the respondent New York City Off Track Betting Corp. to serve and file a brief is granted, and the time of the respondent New York City Off Track Betting Corp. to serve and file a brief is enlarged until February 16, 2006, and the brief of the respondent New York City Off Track Betting Corp. shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to postpone oral argument is denied as unnecessary, as oral argument has not yet been scheduled.

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court