Appellate Division: Second Judicial Department

M185333

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2014-02438 Steven Stewart, etc., appellant, v David M. Berger, etc., et al., respondents. (Index No. 2041/12)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, in effect, to direct the appellant to serve and file a supplemental record containing certain documents on an appeal from an order of the Supreme Court, Kings County, dated January 7, 2014, 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 appellant to serve and file a supplemental record is granted, and on or before February 4, 2015, the appellant must serve and file a supplemental record containing (1) the receipt and deposit agreement dated November 9, 2007, annexed to the motion papers as Exhibit F, and (2) the reply papers filed by the appellant in the Supreme Court, Kings County, in connection with the motion that was determined by the order dated January 7, 2014; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until March 6, 2015, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court