Appellate Division: Second Judicial Department

M125985

S/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-03576 Leon DaSilva, appellant, v Ottavio Savo, et al., respondents. (Index No. 101760/05)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Richmond County, dated November 1, 2010, inter alia, to direct the appellant to serve and file a supplemental appendix containing a transcript of the minutes of oral argument of the motion which resulted in the order dated November 1, 2010, and 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 or relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental appendix is granted, and on or before October 7, 2011, the appellant shall serve and file a supplemental appendix containing a transcript of the minutes of oral argument of the motion which resulted in the order dated November 1, 2010; 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 respondents' time to serve and file a brief is enlarged until November 7, 2011, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., RIVERA, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court