Appellate Division: Second Judicial Department

M54814

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-04323 In the Matter of RL Night Star Pub, Inc. Sandra Ribeiro, respondent; Rogerio Moura, appellant. (Index No. 7526-04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 10, 2006, on the ground that the record on appeal is inadequate, or, in the alternative, to enlarge the time to serve and file a brief. Application by the 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 papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before June 1, 2007, the appellant serves and files a supplemental record containing pages 16 through 18 of the order dated April 10, 2006; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application to enlarge the time to serve and file a brief are granted, the respondent's time to serve and file a brief is enlarged until July 2, 2007, and the respondent's brief must be served and filed on or before that date.

MILLER, J.P., MASTRO, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court