Appellate Division: Second Judicial Department

M85669

J/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-08020 Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Index No. 42856/92)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 14, 2008, to "supplement[] the record on appeal with CPLR 4403 filings." Application by the appellant to enlarge the time to perfect the appeal. By decision and order on motion dated February 19, 2009, the matter was remitted to the Supreme Court, Kings County, to report on whether it considered certain documents in determining the motion and cross motion that resulted in the order dated July 14, 2008, and the motion was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in relation thereto, upon the application, and upon the report of the Supreme Court, Kings County dated March 9, 2009, it is

ORDERED that motion is granted to the extent that the record on appeal is deemed to include the following documents:

(1) notice of motion pursuant to CPLR 4403 and 22 NYCRR 202.44, affidavit of Gennady Gorelik dated December 28, 2007, supporting the motion and attached exhibits;

(2) notice of cross motion dated February 11, 2008, pursuant to CPLR 4403 and 22 NYCRR 202.44, affirmation of Howard A. Gardner dated February 11, 2008, supporting the cross motion and attached exhibits;

(3) affidavit of Gennady Gorelik dated February 28, 2008, in opposition to the cross motion and in further support of the motion and attached exhibits; and

(4) reply affirmation of Howard A. Gardner dated March 14, 2008, supporting the cross motion and attached exhibits; and it is further,

ORDERED that on or before May 14, 2009, the appellant shall file copies of the above-mentioned documents with the Clerk of this court as original papers; and it is further,

ORDERED the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 14, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court