Appellate Division: Second Judicial Department

M102277

E/ct

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT, JJ.

2009-11812 In the Matter of Steven Heisler, petitioner, v Thomas Scappaticci, etc., et al., respondents. (Index No. 09-2196)

DECISION & ORDER ON MOTION

Motion by the respondents in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated August 11, 2009, inter alia, to strike the petitioner's appendix as inadequate or to direct the petitioner to file a replacement appendix, and to enlarge the time to serve and file a brief. 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 no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the branch of the motion which is to strike the petitioner's appendix or to direct the appellant to file a replacement appendix is granted to the extent that on or before June 4, 2010, the petitioner shall serve and file a supplemental appendix containing the following material:

(1) verified petition dated February 5, 2009;

(2) verified answer dated March 27, 2009;

(3) affirmation of Frank P. Allegretti dated March 27, 2009; and

(4) Exhibits 3 through 13, pages 12 through 30 of Exhibit 32, pages 81 through 183 of Exhibits 32 through 34, pages 383 through 463 of Exhibit 36, pages 469 through 480 of Exhibit 38, pages 697 through 718 of Exhibit 41, Exhibit 43, Exhibit 44, and Exhibit 45; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief and the application for the same relief are granted, the respondents' time to serve and file a brief is enlarged until July 6, 2010, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., FLORIO, ANGIOLILLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court