Appellate Division: Second Judicial Department

M85135

E/cb

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-09355 Jeffrey L. Rosenberg & Associates, LLC, appellant, v 87-10 51st Avenue Owners Corp., et al., respondents. (Index No. 15219/07)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Nassau County, dated September 26, 2008. Cross motion by the appellant to strike the respondents' brief on the ground that it refers to matter dehors the record, to impose a sanction upon the respondents, and to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion is granted and on or before April 27, 2009, the respondents shall serve and file a supplemental record containing the following:

(1) affidavit of Robert Valdes-Clausell dated January 15, 2008;

(2) affirmation of Richard Paul Stone, dated January 15, 2008, with attached exhibits; and

(3) undated affirmation of Jeffrey Rosenberg filed in opposition to motion to vacate a default, with attached exhibits; and it is further,

ORDERED that the branches of the motion which are to strike the respondents' brief on the ground that it refers to matter dehors the record and to impose a sanction upon the respondents are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until May 11, 2009, and the reply brief must be served and filed on or before that date.

MASTRO, J.P., COVELLO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court