Appellate Division: Second Judicial Department

M65340

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-02629 Eli Mirzoeff, et al., respondents, v Julia Nagar, et al., appellants. (Index No. 18711/04)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from a judgment of the Supreme Court, Queens County, dated February 7, 2007, for leave to file a supplemental record containing certain documents and deposition transcripts. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the motion is granted and on or before February 25, 2008, the respondents shall serve and file a supplemental record containing the following documents:

(1) Order to show cause of the Supreme Court, Queens County, dated August 18, 2004;

(2) Stipulation dated August 24, 2004;

(3) Stipulation dated August 27, 2004;

(4) Preliminary conference order of the Supreme Court, Queens County;

(5) Stipulation dated April 4, 2005;

(6) Transcript of the deposition of Itzik Nagar, dated June 20, 2005; and

(6) Transcript of the deposition of Julia Nagar, dated June 20, 2005; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until February 25, 2008, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court