Appellate Division: Second Judicial Department

M67065

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-03671 George Georgotas, appellant, v Laro Maintenance Corporation, defendant- respondent, DeBenedittis Landscaping, Inc., defendant third-party plaintiff-respondent, Parkview Landscaping Co. defendant third-party defendant-respondent. (Index No. 23810-02)

DECISION & ORDER ON MOTION

Motion by DeBenedittis Landscaping, Inc., on an appeal from an order of the Supreme Court, Suffolk County, dated February 13, 2007, for leave to file a supplemental record containing seven laser-color photographs, which are duplicates of black and white photographs contained in the record on appeal. Application by DeBenedittis Landscaping, Inc., 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 relation thereto, and upon the application, it is

ORDERED that the motion is granted and on or before March 17, 2008, DeBenedittis Landscaping, Inc., shall serve and file a supplemental record containing the subject laser-color photographs; and it is further,

ORDERED that the application is granted and the time of DeBenedittis Landscaping, Inc., to serve and file a brief is enlarged until March 17, 2008, and the brief of DeBenedittis Landscaping, Inc., must be served and filed on or before that date; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until April 1, 2008, and the reply brief, if any, must be served and filed on or before that date.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court