| Drapaniotis v 36-08 33rd Street Corp. |
| Motion No: 2006-01134 +1 |
| Slip Opinion No: 2007 NYSlipOp 63667(U) |
| Decided on February 23, 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
M51221
E/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2006-01134 Theodore Drapaniotis, etc., appellant, v 36-08 33rd Street Corp., et al., respondents. (Action No. 1)
(Index No. 19427/98) 2006-01138 Valid Entertainment, Inc., appellant, v Katse Ke Bresta, Inc., et al., respondents. (Action No. 2) (Index No. 17808/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two judgments of the Supreme Court, Queens County, dated September 9, 2005, and January 3, 2006, respectively, inter alia, to compel the respondents to provide them with copies of the respondents' trial exhibits. By decision and order on motion dated December 12, 2006, the branch of the motion which was to compel the respondents to provide the appellants with copies of the respondents' trial exhibits was granted to the extent that the matter was referred to the Supreme Court, Queens County, to reconstruct the missing trial exhibits, if possible, and file a report on that issue, and the remaining branches of the motion were held in abeyance in the interim. The Supreme Court, Queens County, has filed its report.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, it is
ORDERED that the branch of the motion which is to compel the respondents to provide the appellants with copies of the respondents' trial exhibits is denied in light of the report of the Supreme Court, Queens County, and the stipulation of the parties dated January 29, 2007; and it is further,
ORDERED that the branch of the motion which is for leave to perfect the appeals without the trial exhibits is granted to the extent that the appellants may exclude from the record on appeal those exhibits which pursuant to the parties stipulation dated January 29, 2007, are irretrievable; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until April 30, 2007, and the appellants' appendix or record and the appellants' brief shall be served and filed on or before that date.
SCHMIDT, J.P., CRANE, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court