Appellate Division: Second Judicial Department

M58599

S/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-08151 Reyna Gonzalez, appellant, v Carmen Fiallo, respondent. (Index No. 7964/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated June 23, 2006, in effect, to direct the appellant to file a supplemental record containing a reply affirmation of Joseph O. Tuffy dated June 19, 2006, and to enlarge the time to serve and file a brief. By decision and order on motion dated August 2, 2007, the matter was remitted to the Supreme Court, Kings County, to report on the issue of whether it considered the reply affirmation of Joseph O. Tuffy dated June 19, 2006, in determining the motions that resulted in the order dated June 23, 2006, and the respondent's motion was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is

ORDERED that the motion is granted and on or before September 4, 2007, the appellant shall serve and file a supplemental record containing the reply affirmation of Joseph O. Tuffy dated June 19, 2006, and any exhibits thereto; and it is further,

ORDERED that the respondent shall serve and file its brief on or before October 9, 2007.

RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court