Appellate Division: Second Judicial Department

M70224

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-06916 D & W Construction, respondent, v Milius Israel, et al., appellants. (Index No. 04-17918)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to file a supplemental record on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 9, 2007, 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 the motion is granted; and it is further,

ORDERED that on or before May 30, 2008, the appellants shall serve and file a supplemental record containing the following:

(1) the respondent's notice of motion to preclude;

(2) the preliminary conference order dated February 2, 2006;

(3) the order to show cause of the appellants' former attorney for leave to withdraw;

(4) the notice of entry for the order dated May 18, 2006 and the order dated May 18, 2006;

(5) the order dated September 12, 2006;

(6) notice of entry for the order dated September 12, 2006 and the order dated September 12, 2006;

(7) notice of entry for the judgment dated May 7, 2007 and the judgment dated May 7, 2007; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until May 30, 2008, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court