Appellate Division: Second Judicial Department

M71351

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ANITA R. FLORIO, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-07785 Hamlet on Olde Oyster Bay Homeowners Association, Inc., respondent, v Gladys Ellner, et al., appellants. (Index No. 7230/07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated July 24, 2007, to enlarge the record to include the affidavits of service of the respondent's pleadings and the underlying order to show cause and the appellant's responsive pleadings, 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 July 18, 2008, the respondent shall serve and file a supplemental record containing the following documents listed on paragraph 28 of the affirmation of Ryan Mitola dated May 16, 2008, filed in support of the instant motion:

(1) affidavit of service of the order to show cause, RJI, and exhibits upon Gladys Ellner;

(2) affidavit of service of pleadings upon Gladys Ellner;

(3) affidavit of service of the order to show cause, RJI, and exhibits upon Ethan Ellner;

(4) affidavit of service of pleadings upon Ethan Ellner;

(5) affidavit of service of the order to show cause, RJI, and exhibits upon "John Doe #1";

(6) affidavit of service of pleadings upon "John Doe #1";

(7) the appellants' answer with counterclaims;

and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 2, 2008, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., ANGIOLILLO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court