Appellate Division: Second Judicial Department

M63584

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03921 In the Matter of Irving G. Kates, et al., appellants, v Northern Trust Corporation, respondent. (Index No. 1713/07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated April 20, 2007, in effect, for leave to file a supplemental record 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 in relation thereto, it is

ORDERED that on the court's own motion, on or before January 11, 2008, the appellants shall serve and file a supplemental record containing the respondent's notice of motion to dismiss dated March 30, 2007, the respondent's notice of motion for sanctions dated March 30, 2007, the respondent's two memoranda of law both in support of the motions, both dated March 30, 2007, the answer to the petition and counterclaim dated March 30, 2007, the appellants' memorandum of law in support of the cross motion dated April 5, 2007, the appellants' reply in support of the petition dated April 5, 2007, and the appellants' reply in support of the cross motion dated April 5, 2007; 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 respondent's time to serve and file a brief is enlarged until February 11, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court