Appellate Division: Second Judicial Department

M191443

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2014-08657 Andrew Borgia, appellant, v Charles Rothberg, respondent, et al., defendant. (Index No. 42224/08)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated July 1, 2014, for leave to file, under seal, certain correspondence between him and Alcon Research, Ltd, which was submitted to the Supreme Court under seal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation 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 motion is granted, and on or before May 29, 2015, the respondent shall file a second supplemental record containing the subject correspondence, under seal, for in camera review by the panel of Justices hearing the appeal, and the second supplemental record shall remain sealed upon filing; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until June 1, 2015, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court