Appellate Division: Second Judicial Department

M112379

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2010-06247 Alfred Kusz, et al., appellants-respondents, v New York City Transit Authority, et al., respondents-appellants. (Index No. 20460/09)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered June 10, 2010, for leave to file a supplemental record containing the sur-reply affirmation of Marilyn Venterina dated March 29, 2010, and a letter dated March 30, 2010, with attached DVD disk. Application by the respondents-appellants 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 the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to file a supplemental record containing the sur-reply affirmation of Marilyn Venterina dated March 29, 2010, is granted, and on or before January 18, 2011, the respondents-appellants shall serve and file a supplemental record containing that sur-reply affirmation; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental record containing a letter dated March 30, 2010, with attached DVD disk is denied; and it is further,

ORDERED that the application is granted, and the respondents-appellants shall serve and file their answering brief, including points of argument on the cross appeal, on or before January 18, 2011 (see 22 NYCRR 670.8[c][3]).

RIVERA, J.P., DICKERSON, LOTT and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court