Appellate Division: Second Judicial Department

M63361

E/sl

FRED T. SANTUCCI, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-04165 Wells Fargo Bank, etc., appellant, v Egon Linzenberg, et al., respondents. (Index No. 05- 4891)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated April 13, 2007, inter alia, for leave to serve and file a supplemental record containing certain documents and to enlarge the time to serve and file a reply 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 serve and file a supplemental record containing certain documents is granted and on or before December 17, 2007, the appellant shall serve and file a supplemental record containing the following pleadings in an action entitled Linzenberg v DeFiebre, pending in the Supreme Court, Rockland County, under Index No. 9275/06: (1) summons and complaint dated November 9, 2006, (2) verified answer dated January 8, 2007, (3) amended verified answer dated January 22, 2007; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until December 17, 2007, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., SKELOS, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court