Appellate Division: Second Judicial Department

M116969

E/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-08402 In the Matter of Nella Manko, et al., appellants, v New York State Division of Housing and Community Renewal, Office of Rent Administration, respondent. (Index No. 26610/08)

DECISION & ORDER ON MOTION

Motion by the appellant Nella Manko on an appeal from an order of the Supreme Court, Kings County, dated July 7, 2009, inter alia, to subpoena the original papers constituting the record on appeal from the Supreme Court, Kings County, for leave to file a supplemental appendix containing the answer, the respondent's affirmation in opposition, and the respondent's memorandum of law, and to enlarge the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to subpoena the original papers constituting the record on appeal from the Supreme Court, Kings County, is denied as unnecessary, as the original papers constituting the record on appeal were subpoenaed from the Supreme Court, Kings County, on April 22, 2011; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental appendix containing the answer, the respondent's affirmation in opposition, and the respondent's memorandum of law is granted, and on or before May 26, 2011, the appellant shall serve and file a supplemental appendix containing those documents; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until May 26, 2011, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court