Appellate Division: Second Judicial Department

M35955

Y/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-09896 Vladimir Sudit, d/b/a V.S. International, appellant, v Bedford Place, LLC, respondent, et al., defendants. (Index No. 48966/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated December 4, 2004, inter alia, in effect, to dismiss the appeal on the ground that the appendix is inadequate, and cross motion by the defendant Mercury Capital Corp., inter alia, in effect, for leave to serve and file a respondent's brief on the appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that, on or before February 21, 2006, the appellant replaces page 74, in all copies of the appendix on file with this court, with a copy of page 6 of the affirmation of Mendel Brach dated October 11, 2004, that is signed and notarized; and it is further,

ORDERED that the branch of the motion which is for an enlargement of time is granted, the respondent's time to serve and file a brief is enlarged until March 13, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is for leave to serve and file a respondent's brief on the appeal is denied; and it is further,

ORDERED that the cross motion is otherwise denied as academic.

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court