Appellate Division: Second Judicial Department

M90537

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-05757, 2009-05758 Jose Castillo, respondent, v 62-25 30th Avenue Realty, LLC, et al., appellants. (Index No. 27819/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Queens County, dated February 24, 2009, and a judgment of the same court entered May 15, 2009, to compel the appellants to serve and file a supplemental record containing certain documents, and to enlarge his time to serve and file a brief.

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 it is further,

ORDERED that on or before August 28, 2009, the appellants shall serve and file a supplemental record containing the following documents:

(1) letter dated November 18, 2008, from Alan M. Freidman, with attached proposed judgment, structured settlement report by Creative Capital, Inc., and bill of costs material;

(2) conformed order to show cause of the Supreme Court, Queens County, dated November 20, 2008, and affirmation of Sim Shapiro dated November 21, 2008;

(3) affirmation of Alan M. Freidman dated December 2, 2008;

(4) reply affirmation of Sim Shapiro dated January 5, 2009, with attached "Itemized Verdict Sheet"; and

(5) proposed judgment of the appellants and accompanying cover letter of Kimberly A. Carpenter dated April 7, 2009; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until September 29, 2009, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court