Appellate Division: Second Judicial Department

M55959

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2006-07374 NYCTL 1996-1 Trust, et al., respondents, v Alphonso Jellerette, et al., defendants, Ghazi Bokhari, appellant. (Index No. 14792/07)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated May 30, 2006, to enlarge the appendix to include an affirmation by Josef F. Abt dated February 27, 2006, and all annexed exhibits, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the appendix on appeal is denied as unnecessary, as the affirmation by Josef F. Abt dated February 27, 2006, and all annexed exhibits, are a proper part of the record, and the respondents, if they be so advised, may file an appendix including the material (see CPLR 5528[b]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief and appendix, if it be so advised, is enlarged until July 18, 2007, and the respondents' brief and appendix, if any, must be served and filed on or before that date.

MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court