Appellate Division: Second Judicial Department

M37053

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-05467 In the Matter of Chi-Am Realty, LLC, petitioner-respondent, v Robert Guddahl, et al., appellants, et al., respondents. (Index No. 98167/02)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal, by permission, from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated March 1, 2005, which affirmed a judgment of the Civil Court of the City of New York, Kings County, dated July 7, 2003, inter alia, for leave to serve and file a supplemental record on appeal containing certain additional trial exhibits, and cross motion by the petitioner-respondent to enlarge the time to serve and file a brief on the appeal.

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

ORDERED that the motion is granted to the extent that on or before April 7, 2006, the appellants shall serve and file a supplemental record containing three photographs of the hallways of the subject building, appended to their motion papers on pages 4, 5, and 6, and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted, and the time of the petitioner-respondent to serve and file its brief on the appeal is enlarged until May 8, 2006.

MILLER, J.P., CRANE, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court