Appellate Division: Second Judicial Department

M73064

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-06091 Kerry Spiegler, et al., plaintiffs-respondents, v Gerken Building Corporation, respondent- appellant, 90 West Broadway, LLC, defendant- respondent, North Fork Bank, appellant- respondent, Integrity Contracting, Inc., defendant third-party plaintiff-appellant- respondent; All Ran Electric of New York, Inc., third-party defendant-respondent. (Index No. 37906/02)

DECISION & ORDER ON MOTION

Motion by North Fork Bank to enlarge the record on appeals and a cross appeal from an order of the Supreme Court, Kings County, dated May 4, 2007, to include certain documents.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and on or before July 25, 2008, North Fork Bank shall serve and file a supplemental joint record containing the following documents:

(1) letter of Jennifer L. Budner, dated November 21, 2005;

(2) letter of Jennifer L. Budner, dated January 16, 2007;

(3) signature page of deposition of Greg Siliris sworn to on October 27, 2005;

(4) letter of M. Fatimah Gladden, dated January 16, 2004;

(5) correction sheet for the deposition of Kerry Spiegler sworn to on January 7, 2004;

(6) signature page of deposition of Kerry Spiegler sworn to on January 7, 2004;

(7) letter of Shannon W. Carter, dated December 8, 2003;

(8) letter of Samuel Spirgel, dated September 8, 2006;

(9) letter of M. Fatimah Gladden, dated April 26, 2004;

(10) letter of Michael L. Galeno, dated May 22, 2006.

FISHER, J.P., LIFSON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court