| Matter of TNT Petroleum, Inc. v Sea Petroleum, Inc. |
| Motion No: 2005-03363 +1 |
| Slip Opinion No: 2006 NYSlipOp 65625(U) |
| Decided on March 27, 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
M37690
T/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
MARK C. DILLON, JJ.
|
2005-03363, 2005-07511 In the Matter of TNT Petroleum, Inc., respondent, v Sea Petroleum, Inc., et al., appellants. (Index No. 10532/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, entered July 19, 2004 (Appellate Division Docket No. 2005-03363), and an order of the same court dated June 20, 2005 (Appellate Division Docket No. 2005-07511), inter alia, to dismiss the appeal from the order and judgment on the ground that the notice of appeal does not accurately describe the order and judgment, to dismiss the appeal from the order dated June 20, 2005, inter alia, on the ground that the order denies a motion for reargument, and to strike the record as incomplete, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order and judgment entered July 19, 2004, is denied, and the notice of appeal is deemed amended to accurately describe the order and judgment appealed from (see CPLR 2001, 5520[c]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated June 20, 2005, inter alia, on the ground that the order denies a motion for reargument is denied without prejudice to raising the arguments in the respondent's brief; and it is further,
ORDERED that the branch of the motion which is to strike the record as incomplete is denied on condition that on or before May 8, 2006, the appellants consult with the respondent and, upon stipulation of the parties, serve and file a supplemental record containing any missing material; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until June 8, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court