Appellate Division: Second Judicial Department

M52629

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-05434 Fiber Consultants, Inc., respondent, v Fiber Optek Interconnect Corp., et al., defendants, Michael S. Pascazi, appellant. (Index No. 2697/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Dutchess County, dated February 28, 2006, inter alia, to enlarge the record on appeal to include an order of the United States Bankruptcy Court, Southern District of New York, dated October 27, 2006, in a proceeding entitled Matter of Fiber Optek Interconnect, commenced under Case No. 05-30045 and the papers submitted in connection with the motion decided by the order dated October 27, 2006, and 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 branches of the motion which are to enlarge the record on appeal and to enlarge the time to serve and file a brief are granted; and it is further,

ORDERED that on or before April 30, 2007, the respondent shall serve and file a supplemental record containing the order of the United States Bankruptcy Court, Southern District of New York, dated October 27, 2006, in a proceeding entitled Matter of Fiber Optek Interconnect, commenced under Case No. 05-30045 and the papers submitted in connection with the motion decided by the order dated October 27, 2006; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until April 30, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., KRAUSMAN, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court