Appellate Division: Second Judicial Department

M56073

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-10835 Bridget Fontanelli, etc., respondent-appellant, v Hanover Insurance Company, et al., appellants-respondents. (Index No. 3385/04)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 27, 2006, (1) to dismiss the appeal or to direct the appellants-respondents to serve and file a supplemental record containing the notice of cross appeal, and (2) to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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

ORDERED that the branch of the motion which is to dismiss the appeal or to direct the appellants-respondents to serve and file a supplemental record containing the notice of cross appeal is denied as academic as the appellants-respondents have served and filed a corrected record on appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to file a brief is granted and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before July 16, 2007 (see 22 NYCRR 670.8[c][3]).

PRUDENTI, P.J., MASTRO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court