Appellate Division: Second Judicial Department

M147721

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-01687 R.A. Contracting Co., appellant, v JP Morgan Chase Bank, N.A., respondent. (Index No. 33741/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated December 16, 2011, to include a certain deposition transcript and to file the transcript under seal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Application by the respondent to seal the motion papers.

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

ORDERED that the branch of the motion which is for leave to enlarge the record is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal, and on or before December 21, 2012, the appellant shall file the subject deposition transcript with the Clerk of this Court, under seal, for in camera review by the panel of Justices hearing the appeal, and the subject deposition transcript shall remain sealed upon filing; and it is further,

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

ORDERED that the application to enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until January 7, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the application to seal the motion papers is granted to the extent that Exhibit C annexed to the affirmation of Sang J. Sim dated October 9, 2012, is sealed and the application is otherwise denied.

RIVERA, J.P., DILLON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court