Appellate Division: Second Judicial Department

M47438

T/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2006-08408 Ameriquest Mortgage Company, plaintiff-respondent, v Law Offices of Robert Vincent Sisca, et al., appellants, National Real Estate Information Services, et al., defendants-respondents. (Index No. 03-7850)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on an appeal from an order of the Supreme Court, Orange County, dated July 27, 2006, to dismiss the appeal on the ground that the record contains matter dehors the record and is incomplete, or, in the alternative, to strike the material dehors the record and to direct the appellant to serve and file a supplemental record, and to enlarge the respondents' time to serve and file their respective briefs.

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 to dismiss the appeal on the ground that the record contains matter dehors the record and is incomplete is granted to the extent that on or before December 18, 2006, the appellant shall serve and file a supplemental record containing (1) the plaintiff-respondent's notice of cross motion dated February 14, 2006, (2) the affirmation in opposition of the defendant-respondent National Real Estate Information Services dated February 28, 2006, and (3) the plaintiff-respondent's reply affirmation dated March 9, 2006, and any exhibits thereto, 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 respondents' time to serve and file their respective briefs is granted, and the respondents' time to serve and file their respective briefs is enlarged until January 18, 2007, and the respondents' briefs shall be served and filed on or before that date.

KRAUSMAN, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court