UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

07-3058 (Lead)
07-3213 (CON)

_____________________________________
L. ANDREW BERNHEIM,
            Proposed Intervenor-Appellant,

D.A. ELIA CONSTRUCTION CORP.,
            Debtor-Appellant,

v.

DAMON & MOREY, LLP,
            Defendant-Appellee.
______________________________________

DEBTOR-APPELLANT’S RESPONSE TO Appellee’S Opposition To
SupplementING the Record and APPELLEE’S Motion
Seeking an Award of Costs AND FFES

            This Response and the Declaration of David A. Elia are respectfully submitted on behalf of D. A. Elia Construction Corp. (hereinafter referred to as “Debtor”) in further support of its Motion to Supplement the Record on Appeal and in opposition to the Motion of Appellee against record supplementation and for an Award of Costs and Fees.

ARGUMENT
THE COURT SHOULD PERMIT SUPPLEMENTATION OF THE RECORD

            This appeal is from the July 2, 2007 Decision and Order of the Honorable Richard J. Arcara granting judgment to the Appellee Damon & Morey, LLP (“Damon & Morey”) in the amount of three hundred forty two thousand, five hundred and eighteen dollars and forty nine cents ($342,518.49).  For the reasons stated in Debtor’s Brief, the judgment amount is not in accordance with the Mandate of this Court and is consequently in error.

(DOCUMENT CONTINUED, SEE LINK BELOW)