Appellate Division: Second Judicial Department

M202463

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-01849, 2015-08369 Elvis S. Brun, appellant, v Jason M. Farningham, et al., respondents. (Index No. 1077/13)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to direct the appellant to serve and file a supplemental record on appeals from an order the Supreme Court, Orange County, dated December 9, 2014, and a judgment of the same court dated February 6, 2015, containing color reproductions of the photographs on pages R387 through R393 of the record as well as certain documents, and to enlarge the respondents' time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before December 23, 2015, the appellant shall serve and file a supplemental record containing color reproductions of the photographs on pages R387 through R393 of the record as well as the following documents: (1) affidavit of service of the underlying motion for summary judgment, (2) verification pages to the answer, (3) letter dated April 12, 2013, from Nicholas A. Pascale to Michael D. Wolff, (4) affidavit of service of the supplemental bill of particulars (5) notice to sign and return the appellant's 50-h hearing transcript, and (6) notice to sign and return the appellant's deposition transcript; 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 enlarged until January 22, 2016, and the respondents' brief must be served and filed on or before that date.

DILLON, J.P., HALL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court