| Evangelos Car Wash, Inc. v Utica First Insurance Compan |
| Motion No: 2006-08241 |
| Slip Opinion No: 2007 NYSlipOp 62772(U) |
| Decided on February 8, 2007 |
| 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
M50640
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2006-08241 Evangelos Car Wash, Inc., respondent, v Utica First Insurance Company, appellant.
(Index No. 11147/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the record on an appeal from an order of the Supreme Court, Richmond County, dated July 31, 2006, on the ground that it is incomplete or 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 thereto, it is
ORDERED that the branch of the motion which is to strike the record is granted to the extent that on or before February 23, 2007, the appellant shall either (1) insert into the copies of the record on file with the Clerk of the court the material attached as Exhibit A to the respondent's motion or (2) serve and file a supplemental record containing that material; 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, the respondent's time to serve and file a brief is enlarged until March 26, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., RITTER, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court