Perkins v 686 Halsey Food Corp.
Motion No: 2005-08449
Slip Opinion No: 2006 NYSlipOp 75630(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43866

A/nl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-08449

Clevaugh Perkins, respondent, v 686 Halsey

Food Corp., appellant, et al., defendant.

(Index No. 9540/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated May 20, 2005, to strike the record on appeal on the ground that it is incomplete, 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 or relation thereto, it is

ORDERED that the branch of the motion which is to strike the record on appeal is granted, and on or before October 13, 2006, the appellant shall serve and file a replacement record containing full and complete copies of all documents in the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until November 13, 2006.

MASTRO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court