Appellate Division: Second Judicial Department

M38727

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05869, 2004-06210, 2005-01029 Robert D. Wilson, appellants-respondents, v Hallen Construction Corporation, respondent- appellant. (Index No. 6828/95)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on appeals from an order of the Supreme Court, Kings County, dated May 28, 2004, a judgment of the same court entered June 14, 2004, and an appeal and cross appeal from a judgment of the same court dated December 22, 2004, in effect, to amend a decision and order on motion of this court dated January 30, 2006, which directed them to file all exhibits entered into evidence at trial, to permit them to file only the exhibits reproduced in the parties appendices on the ground that the remaining exhibits cannot be located.

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

ORDERED that the motion is denied, with leave to renew on or before May 22, 2006, upon the submission of proper papers including a list describing the exhibits which cannot be located, whether the parties will stipulate to omit those exhibits, and whether the missing exhibits can be reproduced.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court