Appellate Division: Second Judicial Department

M42055

E/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-05512 Frederick J. Mancheski, et al., respondents, v Gabelli Group Capital Partners, Inc., respondent-appellant; Bloomberg News, nonparty appellant-respondent. (Index No. 03-18762)

DECISION & ORDER ON MOTION

Motion by the nonparty appellant-respondent, inter alia, in effect, to enlarge the record on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered May 12, 2006, to include the redacted motion papers submitted to the Supreme Court in connection with certain motions for summary judgment, and cross motion by the respondent-appellant, inter alia, to enlarge the time to serve and file its answering brief.

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 branch of the motion which is, in effect, to enlarge the record on an appeal is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file an answering brief, is granted and the respondent-appellant's time to serve and file an answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until August 14, 2006, on condition that at the time of filing the respondent-appellant submits proof that it paid for one half of the joint record on appeal; and it is further,

ORDERED that the cross motion is otherwise denied.

SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court