Appellate Division: Second Judicial Department

M37586

Y/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-08189 Ann Kotzian, appellant, v Daniel McCarthy, et al., respondents, et al., defendants. (Index No. 17376/04)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Westchester County, entered July 8, 2005, 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 for leave to serve and file a supplemental record is granted to the extent that the respondents may serve and file a supplemental record containing the motion papers submitted to the Supreme Court, Westchester County, by the defendants James M. Timko and Cohen, Timko & Moses, on or before April 24, 2006, the respondents shall serve and file a supplemental record containing those motion papers, 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 to serve and file a brief is denied as unnecessary as the respondents' brief was timely filed; and it is further,

ORDERED that the motion is otherwise denied.

KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court