Appellate Division: Second Judicial Department

M58920

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2005-06364 Nextel of New York, Inc., respondent-appellant, v 87-10 51st Avenue Owners Corporation, appellant-respondent. (Index No. 6398/04)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to replace certain pages of the joint record on an appeal and cross-appeal from an order of the Supreme Court, Queens County, dated June 6, 2005.

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

ORDERED that the motion is granted and on or before September 14, 2007, the respondent-appellant shall delete or remove pages 115 through 125 and 132 from all copies of the joint record on appeal filed with the Clerk of the court and serve and file a supplemental record containing copies of the above-mentioned pages attached as Exhibit B to its motion papers; and it is further,

ORDERED that the respondent-appellant's time to serve and file an answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until September 14, 2007, and the answering brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant-respondent's time to serve and file a reply brief is enlarged until November 9, 2007, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant's time to serve and file a reply brief is enlarged until November 27, 2007, and the reply brief must be served and filed on or before that date.

MILLER, J.P., SANTUCCI, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court