| Pincus v Wells |
| Motion No: 2005-06209 +4 |
| Slip Opinion No: 2006 NYSlipOp 62940(U) |
| Decided on February 14, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M36020
T/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-06209, 2005-06833, 2005-06835, 2005-07331, 2005-08495 Robert Pincus, appellant, v Helen Wells, et al., respondents. (Index No. 30158/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order of the Supreme Court, Kings County, dated May 25, 2005, two orders of the same court both dated June 15, 2005, a judgment of the same court dated July 7, 2005, and an order of the same court dated July 26, 2005, to dismiss the appeals on the ground that the record is incomplete, or to strike the record on the ground that it contains material which is dehors the record, or, in the alternative, for an order directing the appellant to serve and file a supplemental record, and to enlarge their time to serve and file their briefs.
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 direct the appellant to serve and file a supplemental record is granted to the extent that on or before February 24, 2006, the appellant shall serve and file a supplemental record containing a complete copy of the transcript of the hearing held in the above-entitled action on January 14, 2003, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to strike the record on the ground that it contains material which is dehors the record is referred to the bench hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their briefs is granted, and the respondents' time to serve and file their briefs is enlarged until March 29, 2006, and the respondents' briefs shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court