Appellate Division: Second Judicial Department

M38991

S/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07099 Bette Gaida-Newman, etc., respondent, v Dean Holtermann, et al., appellants, et al., defendant. (Index No. 13634/04)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Richmond County, dated June 8, 2005, to include the signed and sworn affidavit of Anthony Carnesi dated March 4, 2005. By decision and order on motion dated March 20, 2006, the matter was remitted to the Supreme Court, Richmond County, to report on whether it considered the signed and sworn affidavit of Anthony Carnesi dated March 4, 2005, in determining the motion which resulted in the order dated June 8, 2005, and the motion was held in abeyance in the interim. The Supreme Court, Richmond County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Richmond County, it is

ORDERED that the motion is granted and or before May 15, 2006, the respondent shall serve and file a supplemental record containing the sworn affidavit of Anthony Carnesi dated March 4, 2005.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court