| City Ready Mix, Inc. v Hicksville Paving, Inc. |
| Motion No: 2005-06666 |
| Slip Opinion No: 2006 NYSlipOp 65544(U) |
| Decided on March 24, 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
M37623
C/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06666 City Ready Mix, Inc., respondent, v Hicksville Paving, Inc., defendant, Carlo Lizza & Sons Paving, Inc., appellant. (Index No. 12625/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, dated June 6, 2005, to dismiss the appeal on the ground that the record is incomplete, or to strike the record and direct the appellant to file a proper record, or, to enlarge the time to serve and file a respondent's brief.
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 strike the record and direct the appellant to file a proper record is granted to the extent that on or before April 7, 2006, the appellant shall serve and file a supplemental record containing the respondent's demand for a bill of particulars, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted; the respondent's time to serve and file a brief is enlarged until May 23, 2006; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court