Appellate Division: Second Judicial Department

M48369

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2006-02198 Key Equipment Finance, Inc., appellant, v South Shore Imaging, Inc., et al., respondents. (Index No. 100753/05)

DECISION & ORDER ON MOTION

Motion by the respondent Joseph Romagnolo on an appeal from an order of the Supreme Court, Richmond County, dated January 25, 2006, to strike the record on appeal as inadequate or for leave to serve and file a supplemental record, and to enlarge the respondents' time to serve and file briefs. Cross motion by the appellant to impose a sanction on the respondent Joseph Romagnolo. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion, the cross motion, and the application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike the record on appeal as inadequate or for leave to serve and file a supplemental record is granted to the extent that on or before January 8, 2007, the appellant shall serve and file a supplemental record containing a full copy of Exhibit B to the affirmation of John Marangos dated September 8, 2005, in the same form as was appended to the affirmation, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file briefs and the application are granted, the respondents' time to serve and file briefs is enlarged until February 7, 2007, and the respondents' respective briefs, if any, must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

CRANE, J.P., KRAUSMAN, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court