| McDonald v Rose |
| Motion No: 2006-01208 |
| Slip Opinion No: 2006 NYSlipOp 79279(U) |
| Decided on November 8, 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
M46480
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2006-01208 Andrew McDonald, et al., respondents, v Ford Rose, appellant, et al., defendant. (Index No. 25640/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated November 23, 2005, in effect, to strike the record on appeal on the ground that it is incomplete, or, in the alternative, to direct the appellant to serve and file a supplemental record containing the missing material, and to enlarge their 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 enlarge the respondents' time to serve and file a brief is granted, and the respondents' time to serve and file a brief is enlarged until December 7, 2006; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., GOLDSTEIN, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court