Appellate Division: Second Judicial Department

M35857

E/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-06313 Tokio Marine and Fire Insurance Co., Ltd., etc., et al., respondents, v Abdor-Florida, Inc., et al., appellants. (Index No. 8103/01)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Orange County, dated April 10, 2005, in effect, to strike stated portions of the appellants' brief on the ground that it raises issues for the first time on appeal and to enlarge the record on appeal to include the certificate of title for the subject motor vehicle and portions of the subject insurance policy. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is held in abeyance and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the record on appeal to include the certificate of title for the subject motor vehicle and portions of the subject insurance policy is granted to the extent that on or before March 10, 2006, the respondents shall serve and file a supplemental record that contains the certificate of title for the subject motor vehicle and a complete copy of the subject insurance policy and that branch of the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until March 10, 2006, and the respondents' brief must be served and filed on or before that date.

ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court