Appellate Division: Second Judicial Department

M52747

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-06273 Franco Belli Plumbing and Heating and Sons, Inc., respondent, v Imperial Development & Construction Corp., et al., defendants, New York City School Construction Authority, appellant (and a third-party action). (Index No. 28318/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated May 30, 2006, to strike the record on appeal as incomplete and to strike the appellant's brief on the ground that it refers to matter dehors the record, or to direct the appellant to serve and file a supplemental record 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 strike the record on appeal and the appellant's brief and to direct the appellant to serve and file a supplemental record are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 1, 2007, and the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court