Appellate Division: Second Judicial Department

M88097

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ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2009-02156 Lordae Realty Corporation, et al., respondents, v United States Fire Insurance Company, appellant. (Index No. 25552/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, entered January 27, 2009, to include the title page and table of contents for the record on appeal in a case entitled Sheehan v State Farm Fire and Casualty, docketed under Appellate Division Docket No. 96-4277, and a homeowners insurance policy contained on pages 96 through 124 of that record on appeal. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the motion is granted and on or before June 30, 2009, the appellant shall serve and file a supplemental record containing the title page and table of contents for the record on appeal in the case entitled Sheehan v State Farm Fire and Casualty, docketed under Appellate Division Docket No. 97-1264, and the homeowners insurance policy contained on pages 96 through 124 of that record on appeal; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 30, 2009, and the respondents' brief must be served and filed on or before that date.

SPOLZINO, J.P., SANTUCCI, FLORIO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court