Appellate Division: Second Judicial Department

M130570

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2011-05860 Francesco Giordano, et al., plaintiffs-respondents, v New Rochelle Municipal Housing Authority, respondent-appellant, Almstead Tree and Shrub Care Company, et al., appellants-respondents. (Index No. 06-23747)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents on an appeal from an order of the Supreme Court, Westchester County, dated May 27, 2011, inter alia, to direct the appellants-respondents to serve and file a second supplemental joint appendix containing certain documents, in effect, to enlarge the record to include the transcript of a deposition which occurred on November 14, 2011, to enlarge their time to serve and file a brief, and to enlarge the appellants-respondents' time to serve and file a reply 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 to direct the appellants-respondents to serve and file a second supplemental joint appendix is granted to the extent that on or before January 19, 2012, the appellants-respondents shall serve and file a second supplemental joint appendix containing the following documents:

(1) color photographs attached as part of Exhibit K to the plaintiffs-respondents' motion for summary judgment;

(2) copies of documents contained in a CD-ROM annexed as Exhibit N to the plaintiffs-respondents' motion for summary judgment;

(3) affidavit of Michael J. McGarvey sworn to February 17, 2011, and exhibits annexed thereto;

(4) exhibits annexed to the affidavit of Thomas E. Downs, V dated January 5, 2011; and

(5) curriculum vitae of A. Wayne Cahilly; and it is further,

ORDERED that the branches of the motion which are for an enlargement of time are granted, the plaintiffs-respondents' time to serve and file a brief is enlarged until February 21, 2012, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the appellants-respondents' shall serve and file a reply brief, if any, on or before March 26, 2012; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., FLORIO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court