Appellate Division: Second Judicial Department

M56969

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2006-11712 Morris Erbesh, NNE, Inc., et al., appellants, v Esther Schwartz, et al., respondents. (Index No. 06-11712)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike stated portions of the record on an appeal from a judgment of the Supreme Court, Westchester County, dated December 14, 2006, in effect, to correct transcript line 6 on page 188 of the record on appeal to delete the word "no" from the sentence beginning "I have no objection to anything," 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 branch of the motion which is, in effect, to correct transcript line 6 on page 188 of the record on appeal to delete the word "no" from the sentence beginning "I have no objection to anything," is granted, and on or before July 20, 2007, the appellants shall delete or remove the word "no" from the sentence beginning "I have no objection to anything" on transcript line 6 on page 188 of the copies of the record on appeal on file with the Clerk of the court; 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 is enlarged until August 20, 2007, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court