| D'Elia v 58-35 Utopia Parkway Corp. |
| Motion No: 2005-10018 +5 |
| Slip Opinion No: 2006 NYSlipOp 76969(U) |
| Decided on October 2, 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
M45264
C/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-10018, 2005-11354, 2005-11355
Anthony D'Elia, respondent, v 58-35 Utopia Parkway Corp., et al., defendants, Paul Alicanti, et al., appellants. (Appeals Nos. 1 and 2)
Anthony D'Elia, respondent, v 58-35 Utopia Parkway Corp., et al., defendants, Victor Alicanti, appellant. (Appeal No. 3) (Index No. 612/95) 2005-10025, 2005-11356, 2005-11357 Glen Leslie, respondent, v 58-35 Utopia Parkway Corp., et al., defendants, Paul Alicanti, et al., appellants. (Appeals Nos. 4 and 6) Glen Leslie, respondent, v 58-35 Utopia Parkway Corp., et al., defendants, Victor Alicanti, appellant. (Appeal No. 5) (Index No. 6756/95)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two judgments of the Supreme Court, Queens County, both entered September 19, 2005, and four orders of the same court, all dated December 6, 2005, to dismiss the appeals on the ground that the record is inadequate, or, in effect, to direct the appellants to serve and file a supplemental record. Application by the respondents to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to direct the appellants to serve and file a supplemental record is granted; on or before October 24, 2006, the appellants shall (1) serve and file a supplemental record containing (A) the transcript of the punitive damages portion of the trial which occurred on July 13, 2005, and (B) the relevant portions of the properly-settled transcript which have been corrected, and (2) remove from the original record those pages of the transcript that have been corrected, and the motion is otherwise denied; and it is further,
ORDERED that the application is granted, and the respondents shall serve and file their brief on or before November 24, 2006.
PRUDENTI, P.J., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court