Appellate Division: Second Judicial Department

M40055

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-04537 Charles E. Gallagher, etc., et al., respondents, v Kucker & Bruh, LLP, et al., appellants. (Index No. 04-19405)

DECISION & ORDER ON MOTION

Motion by the respondents Stephanie Gallagher and Charles Gallagher pro se on an appeal from an order of the Supreme Court, Westchester County, dated April 18, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the supplemental record on appeal and to enlarge the respondents' time to serve and file the supplemental record and their brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the supplemental record on appeal is denied without prejudice to renew when the supplemental record is filed; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file the supplemental record and their brief is granted, the respondents' time to serve and file a supplemental record and their brief is enlarged until June 15, 2006, and the respondents' supplemental record and their brief shall be served and filed on or before that date.

 We note that the respondent Charles Brown must appear either pro se or by an attorney (see CPLR 321).

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

ENTER:

James Edward Pelzer

Clerk of the Court