Appellate Division: Second Judicial Department

M141954

E/sl

THOMAS A. DICKERSON, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2011-10855 Jonathan Spielman, et al., appellants-respondents, v Arielle Mehraban, et al., respondents-appellants, et al., defendants. (Index No. 19056/10)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents for leave to file a supplemental joint record on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 19, 2011, containing certain material from an action entitled Rosenblum v Libow, which had been pending in the Supreme Court, Nassau County, under Index No. 36662/95, or for the Court to take judicial notice of that material. Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their answering brief, including their points of argument on the cross appeal.

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

ORDERED that the branch of the motion which is for the Court to take judicial notice of certain material from the action entitled Rosenblum v Libow, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondents-appellants' time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until September 10, 2012, and the respondents-appellants' brief shall be served and filed on or before that date.

DICKERSON, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court