Appellate Division: Second Judicial Department

M245501

E/afa

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-11709 Cap Rents Supply, Inc., plaintiff-appellant, v Steven Durante, et al., respondents, Frank Caporaso, defendant-appellant, et al., defendant. (Index No. 3401/10)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered October 7, 2016, and, in effect, to enlarge the record to include certain material.

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 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 16, 2018, and the respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the record is denied as unnecessary with respect to the document identified as Exhibit G annexed to the papers filed in support of the motion that was determined by the order entered October 7, 2016, and is otherwise denied, and the respondents may serve and file a respondents' appendix containing the document identified as Exhibit G, on or before March 16, 2018.

LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court