Shapiro v Pagan
Motion No: 2006-07257
Slip Opinion No: 2007 NYSlipOp 82425(U)
Decided on October 30, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M61829

E/sl

HOWARD MILLER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-07257

Adam L. Shapiro, et al., appellants-respondents,

v William Pagan, et al., respondents-appellants.

(Index No. 16564/01)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered June 13, 2006, in effect, for leave to file a supplemental record containing pages 47 through 49 of a certain deposition transcript. Cross motion by the appellants-respondents, inter alia, to strike the answering brief on the ground that it contains derogatory statements or, in the alternative, to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion is granted, and on or before November 13, 2007, the respondents-appellants shall serve and file a supplemental record containing pages 47 through 49 of the subject deposition transcript; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief is granted, the appellants-respondents' time to serve and file a reply brief is enlarged until November 30, 2007, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court