Appellate Division: Second Judicial Department

M67852

E/sl

ROBERT A. SPOLZINO, J.P.

HOWARD MILLER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2007-02387 Maria Hernandez, et al., appellants, v Melvin C. Hochman, etc., et al., respondents, et al., defendants. (Index No. 12732/04)

DECISION & ORDER ON MOTION

Motion by the respondent Melvin C. Hochman to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated February 15, 2007, to include certain documents. Application by the respondent Melvin C. Hochman 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 April 2, 2008, the appellants shall serve and file a supplemental record containing three orders of the Supreme Court, Queens County, all dated November 20, 2006, a "request to designate motion complex" dated November 16, 2006, and an affidavit of counsel dated October 25, 2006, which are annexed to the papers filed in support of the motion to enlarge the record on appeal as Exhibit D; and it is further,

ORDERED that the application is granted and the respondent Melvin C. Hochman's time to serve and file a brief is enlarged until April 18, 2008, and the respondent Melvin C. Hochman's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellants' time to serve and file a reply brief is enlarged until May 5, 2008, and the reply brief shall be served and filed on or before that date.

SPOLZINO, J.P., MILLER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court