Appellate Division: Second Judicial Department

M105993

E/ct

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2009-10930 Mirkalle D. Michaud, etc., et al., respondents- appellants, v Lefferts 750, LLC, appellant- respondent, 91 East 21st Street, LLC, et al., respondents. (Index No. 579/07)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 18, 2009, for leave to file a supplemental record containing pages 170, 172, and 173 of the transcript of the deposition of Naomie Jeune Michaud dated February 11, 2008, and pages 278 through 282 of the transcript of the deposition of Naomie Jeune Michaud dated February 20, 2008, and to enlarge their time to serve and file their answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]). Cross motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeal

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

ORDERED that the motion is granted; and it is further,

ORDERED that on or before August 23, 2010, the respondents-appellants shall serve and file a supplemental record containing pages 170, 172, and 173 of the transcript of the deposition of Naomie Jeune Michaud dated February 11, 2008, and pages 278 through 282 of the transcript of the deposition of Naomie Jeune Michaud dated February 20, 2008; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including points of argument on the cross appeal, on or before August 23, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court