Appellate Division: Second Judicial Department

M103663

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-01330 Pedro Picon Tapia, plaintiff-respondent, v Prudential Richard Albert Realtors, et al., defendants-respondents, Prudential Rand Realty, et al., appellants. (Index No. 06-21280)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 9, 2009, and for leave to file a supplemental record containing the plaintiff-respondent s opposition papers to both motions contained in the record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental record is granted and on or before June 22, 2010, the appellants' shall serve and file a supplemental record containing the plaintiff-respondent s opposition papers to both motions contained in the record; and it is further,

ORDERED that the respondents' time to serve and file their briefs is enlarged until July 22, 2010, and the respondents' briefs, if any, must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court