Appellate Division: Second Judicial Department

M124264

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2010-09563 Colleen Derby, appellant, v Fabian Bitan, etc., respondent. (Index No. 8748/07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Dutchess County, dated August 26, 2010, in effect, to enlarge the record to include an copy of an e-Law, LLC, printout showing filings for the above-entitled action, and for leave to file a supplemental record containing that printout and a supplemental brief addressing the material contained in the appellant's supplemental record filed with the Clerk of the Court on April 27, 2011, and the respondent's supplemental record.

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

ORDERED that the motion is granted and on or before August 30, 2011, the respondent may serve and file a supplemental record containing the copy of an e-Law, LLC, printout showing filings for the above-entitled action, annexed to the motion papers as exhibit B, and supplemental brief addressing the material contained in the appellant's supplemental record and the respondent's supplemental record; and it is further,

ORDERED that on or before September 12, 2011, the appellant may serve and file a supplemental reply brief responding to the respondent's supplemental brief.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court