| Goldberg v Zawada |
| Motion No: 2005-09440 |
| Slip Opinion No: 2006 NYSlipOp 70788(U) |
| Decided on June 22, 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
M41247
O/cf
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-09440
Jackie Goldberg, respondent, v Stanley J. Zawada, etc., appellant. (Index No. 193/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the record on an appeal from a judgment of the Supreme Court, Queens County, dated August 26, 2005, on the ground that it omits the trial exhibits and 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 thereto, it is
ORDERED that the branch of the motion which is to strike the record is denied on condition that the appellant files a supplemental record containing the omitted trial exhibits on or before July 13, 2006; 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 it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 27, 2006, and the respondent's brief must be served and filed on or before that date.
SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court