Appellate Division: Second Judicial Department

M116871

T/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-01668 32nd Avenue, LLC, plaintiff-respondent, v Angelo Holding Corp., et al., defendants- respondents, Higgins Ave., LLC, et al., appellants-respondents, Chinatrust Bank (USA), respondent-appellant (and a third-party action). (Index No. 473/06)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated February 23, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Chinatrust Bank (USA) to enlarge the record on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated January 6, 2010, to include an order of the United States District Court, Eastern District of New York, dated October 22, 2010. Separate motion by 32nd Avenue, LLC, inter alia, to enlarge the time to serve and file a brief.

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

ORDERED that the motion of Chinatrust Bank (USA) to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion of 32nd Avenue, LLC, which was to enlarge its time to serve and file a brief is granted, the time of 32nd Avenue, LLC, to serve and file a brief is enlarged until April 1, 2011, and the brief of 32nd Avenue, LLC, must be served and filed on or before that date, and that motion is otherwise denied.

COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court