Appellate Division: Second Judicial Department

M67952

S/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-05018, 2007-10849 Suburban Restoration Co., Inc., appellant, v Louis J. Vigliotti, et al., respondents. (Index No. 2043/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 17, 2008, in the above-entitled case, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondents on appeals from two orders of the Supreme Court, Dutchess County, dated January 18, 2007, and May 4, 2007, respectively, to direct the appellant to serve and file a supplemental record and to enlarge their time to serve and file a 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 to direct the appellant to serve and file a supplemental record is granted to the extent that the appellant shall serve and file a supplemental record containing the notice of motion and affirmation of David A. Schrader both dated January 19, 2007, with annexed exhibits (excluding the material which already appears on pages 137 through 146 of the record), which were annexed to the affidavit of Carmen S. Chapman dated February 19, 2008, as Exhibit B, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion the appellant's brief is stricken and the appellant shall serve and file a replacement brief on or before April 7, 2008; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until May 6, 2008, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court