Appellate Division: Second Judicial Department

M51743

E/sl

ROBERT W. SCHMIDT, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

PETER B. SKELOS, JJ.

2006-03366 Helen Davidovici, etc., et al., respondents, v Leonard Fritzson, et al., defendants, Mechanic Mortgage Group, Inc., et al., appellants. (Index No. 668/06)

DECISION & ORDER ON MOTION

Motion by Helen Davidovici on an appeal from an order of the Supreme Court, Nassau County, entered March 13, 2006, inter alia, to substitute Helen Davidovici, as administratrix of the estate of Donald Domite, in place of the deceased plaintiff Donald Domite, and to enlarge the respondents' time to serve and file their respective briefs until August 1, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the branch of the motion which is to amend the caption to substitute Helen Davidovici, as administratrix of the estate of Donald Domite, in place of the deceased plaintiff Donald Domite is granted, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their respective brief until August 1, 2007, is granted to the extent that the respondents time to serve and file their respective briefs is enlarged until May 7, 2007, and the respondents' respective briefs must be served and filed on or before that date and that branch of the motion is otherwise denied; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., SPOLZINO, FLORIO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court