Appellate Division: Second Judicial Department

M97064

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-06287 715 Ocean Parkway Owners Corporation, appellant-respondent, v Baruch A. Klagsbrun, as administrator of the estate of Seymour Klagsbrun, etc., respondent-appellant. (Index No. 42081/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to supplement the record on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated May 28, 2008, to include a certain notice of settlement dated September 5, 2006, and, in effect, to enlarge the time to serve and file an answering brief including his points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

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

ORDERED that on the court's own motion, Baruch A. Klagsbrun, administrator of the estate of Seymour Klagsbrun, is substituted for the deceased respondent-appellant and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to supplement the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the answering brief is granted, and the answering brief including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), shall be served and filed on or before February 10, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted.

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court