Appellate Division: Second Judicial Department

M59918

E/sl

HOWARD MILLER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03953, 2007-05093 Thomas Cacciatore, et al., respondents, v City of New York, defendant, Brooklyn Union Gas, appellant. (Index No. 34599/98)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Kings County, dated March 28, 2007, and May 17, 2007, respectively, for leave to replace four black and white photographs in the record on appeal with color photographs, to enlarge the record on appeal to include their notice of expert witness response dated May 22, 2006, 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 for leave to replace four black and white photographs in the record on appeal with color photographs is granted to the extent that on or before October 19, 2007, the respondents shall replace the black and white photographs at pages 912 through 915 of the record on appeal with black and white photographs of the same quality as the black and white photographs submitted to the Supreme Court, Kings County; and it is further,

ORDERED that the branch of the motion which is to enlarge the record on appeal to include the notice of expert witness response dated May 22, 2006, is granted and on or before October 19, 2007, the respondents shall serve and file a supplemental record containing that document; 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 October 19, 2007, and the respondents' brief must be served and filed on or before that date.

MILLER, J.P., COVELLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court