Appellate Division: Second Judicial Department

M98005

J/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-08598 Ann Cole-Hatchard, et al., appellants, v James Nicholson, et al., defendants; Lee Richards, etc., nonparty-respondents. (Index No. 09-1521)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to enlarge the record on an appeal from an order of the Supreme Court, Rockland County, dated August 31, 2009, to include certain documents. Application by the respondents to enlarge their time to serve and file a brief. Separate motion by the respondents to stay their time to serve and file a brief pending determination of the motion, in effect, to enlarge the record.

Upon the papers filed in support of the motions, and the papers filed in opposition to the motion, in effect, to enlarge the record, and upon the application, it is

ORDERED that the motion which is, in effect, to enlarge the record is granted, and on or before March 1, 2010, the respondents shall serve and file a supplemental record containing (1) order to show cause dated April 1, 2009, (2) affirmation of Joseph Zelmanovitz, dated March 27, 2009, and (3) "Joinder in order to show cause filed April 1, 2009", dated May 28, 2009; and it is further,

ORDERED that the application is granted, and the respondents' time to serve and file a brief is enlarged until March 1, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion which is stay the respondents' time to serve and file a brief is denied as academic in light of the foregoing determination of the motion, in effect, to enlarge the record.

RIVERA, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court