Appellate Division: Second Judicial Department

M45351

E/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-12017 Enny Lawson, appellant, v Brookdale Hospital Medical Center, defendant third-party plaintiff-respondent; Fedric J. Cohen, etc., third-party defendant-respondent. (Index No. 34275/89)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated November 23, 2005, on the ground that the appellant failed to settle the transcript in accordance with the provisions of CPLR 5525, or, in the alternative, to enlarge his time to serve and file a brief. Application by the defendant third-party plaintiff-respondent to enlarge its 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 to the motion, it is

ORDERED that on the court's own motion, on or before October 18, 2006, the defendant third-party plaintiff-respondent and the third-party defendant-respondent shall serve the appellant with corrections, if any, to the trial transcript previously served on the respondents; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before November 8, 2006, the appellant (1) properly settles the trial transcript in accordance with the provisions of CPLR 5525, and (2) either (a) serves and files a replacement record on appeal containing the relevant portions of the properly settled transcript, (b) serves and files a supplemental record on appeal containing the relevant portions of the properly settled transcript and removes from the original record on appeal those pages containing portions of the unsettled trial transcript, or (c) serves and files an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript by the defendant third-party plaintiff-respondent or the third-party defendant-respondent; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the third-party defendant-respondent to serve and file a brief and the application to enlarge the time of the defendant third-party plaintiff-respondent to serve and file a brief are granted, the respondents' time to serve and file their respective briefs is enlarged until December 8, 2006, and the respondents' respective briefs must be served and filed on or before that date.

RITTER, J.P., RIVERA, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court