Appellate Division: Second Judicial Department

M61132

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-07282 Neema Gaisi, plaintiff, v Abdorabah M. Gaisi, appellant; Elizabeth Stuart Kirk-Blitzer, nonparty-respondent. (Index No. 03-16308)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent Elizabeth Stuart Kirk-Blitzer on an appeal from an order of the Supreme Court, Westchester County, dated June 26, 2006, in effect, to enlarge the record on appeal to include the transcript of proceedings on May 3, 2006, to waive the requirement that the transcript be settled, for leave to file a supplemental record containing the complete affirmation of Mark Hus dated May 17, 2006, 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 motion is granted; and it is further,

ORDERED that on or before October 31, 2007, the nonparty-respondent Elizabeth Stuart Kirk-Blitzer shall serve and file a supplemental record containing the transcript of proceedings on May 3, 2006, and the complete affirmation of Mark Hus dated May 17, 2006; and it is further,

ORDERED that the time of the nonparty-respondent Elizabeth Stuart Kirk-Blitzer to serve and file a brief is enlarged until November 30, 2007, and the brief of the nonparty-respondent Elizabeth Stuart Kirk-Blitzer must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court