Appellate Division: Second Judicial Department

M51592

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2006-05633 Douglas Brodmerkel, respondent, v James McCullagh Co., Inc., et al., appellants. (Index No. 36146/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, dated May 2, 2006, to enlarge the record on appeal to include certain orders and docket entries of the Supreme Court, Kings County, and for leave to include this material as an addendum to his brief, or, in the alternative, to enlarge the time to serve and file a 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 which is to enlarge the record on appeal to include certain orders and the docket entries of the Supreme Court, Kings County, and for leave to include this material as an addendum to the respondent's brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief that does not contain an addendum or make references to the material that was the subject of this motion is enlarged until April 6, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the appellants' time to serve and file their respective reply briefs is enlarged until May 1, 2007, and the reply briefs, if any, must be served and filed on or before that date.

RIVERA, J.P., RITTER, GOLDSTEIN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court