Appellate Division: Second Judicial Department

M52562

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2006-06618 Elizabeth Norton, plaintiff, v Kristopher F. Kenderes, appellant, et al., defendant; Satz and Kirshon, P.C., intervenor-respondent; IBM Corporation, nonparty-respondent. (Index No. 3538/98)

DECISION & ORDER ON MOTION

Motion by the intervenor-respondent on an appeal from an order of the Supreme Court, Dutchess County, dated May 5, 2006, inter alia, for leave to file a supplemental record, and cross motion by the appellant for leave to file a supplemental record in the event the court grants leave for the intervenor-respondent to file a supplemental record. Application by the intervenor-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the motion and cross motion are denied; and it is further,

ORDERED that the application is granted, and the brief submitted by the intervenor-respondent to the Clerk of the court is accepted for filing; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief is enlarged until April 6, 2007, and the reply brief must be served and filed on or before that date.

PRUDENTI, P.J., FISHER, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court