Appellate Division: Second Judicial Department

M115723

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-10301 Jones Inlet Marina, Inc., respondent, v Nelson & Pope, LLP, appellant. (Index No. 08-1863)

DECISION & ORDER ON MOTION

Motion by the respondent to direct the appellant to file a supplemental record on an appeal from an order of the Supreme Court, Westchester County, entered September 28, 2010, to include its memorandum of law dated June 14, 2010, filed in connection with the motion that resulted in the order entered September 28, 2010, and to enlarge the time to serve and file a brief. Cross motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record is denied without prejudice to the respondent filing a supplemental record containing the memorandum of law dated June 14, 2010, at the time that it files its brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 21, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court