Appellate Division: Second Judicial Department

M126191

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-10523 Scott Baron, etc., respondent, v Mark Mazzotta, et al., appellants, et al., defendants. (Index No. 08-21739)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to direct the appellants to serve and file a supplemental record on an appeal from a judgment of the Supreme Court, Westchester County, dated September 22, 2010, containing certain documents and a transcript of proceedings which occurred in the above-entitled action on September 16, 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 thereto, it is

ORDERED that the branch of the motion which is, in effect, to direct the appellants to serve and file a supplemental record is granted to the extent that on or before October 6, 2011, the appellants serve and file a supplemental record containing a reply affirmation of Seth M. Katz dated July 15, 2010, and a transcript of proceedings which occurred in the above-entitled action on September 16, 2010, and that branch of the motion is otherwise denied; 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 November 7, 2011, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court