Appellate Division: Second Judicial Department

M38047

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-08089 Kensington Capital Corp., appellant, v Gibson, Dunn & Crutcher, LLP, et al., respondents. (Index No. 2910/04)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 14, 2005, on the ground that the record is incomplete or, alternatively, for leave to supplement the record on appeal and to enlarge the time to serve and file their 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 to dismiss the appeal is denied on condition that on or before May 25, 2006, the appellant shall serve and file a supplemental record containing the affirmation of Adam H. Offenhartz dated May 25, 2005, with attached exhibits; and it is further,

ORDERED that the branch of the motion to enlarge the time to serve and file a respondents' brief is granted, the respondents' time to serve and file a brief is enlarged until June 26, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court