Appellate Division: Second Judicial Department

M167658

E/nl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-03997 Regina Russo Bracco, respondent, v Ghazal Zuhir, appellant, et al., defendant. (Index No. 25599/09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to file a supplemental record on an appeal from an order of the Supreme Court, Kings County, dated January 22, 2013, containing a legible copy of the document on pages 414 through 432 of the record, for an award of costs to reimburse the respondent for the cost of the supplemental record, 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 for leave to file a supplemental record is granted, and on or before February 7, 2014, the respondent shall serve and file a supplemental record containing a legible copy of the document on pages 414 through 432 of the record; and it is further,

ORDERED that the branch of the motion which is for an award of costs to reimburse the respondent for the cost of the supplemental record is denied without prejudice to obtaining costs if the respondent prevails on the appeal; 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 February 7, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court