Matter of Liberty Mutual Insurance Company v Rapisarda
Motion No: 2006-02866
Slip Opinion No: 2007 NYSlipOp 64577(U)
Decided on March 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M51612

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO, JJ.

2006-02866

In the Matter of Liberty Mutual Insurance Company,

respondent, v Giovanni P. Rapisarda, appellant.

(Index No. 17512/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated January 31, 2006, on the ground that the record is inadequate, or to direct the appellant to serve and file a supplemental record containing the documents marked as Exhibits 1, 2, and 3 at the framed issue hearing and 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 branches of the motion which are to direct the appellant to serve and file a supplemental record containing the documents marked as Exhibits 1, 2, and 3 at the framed issue hearing and to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that on or before March 20, 2007, the appellant shall serve and file a supplemental record containing the documents marked as Exhibits 1, 2, and 3 at the framed issue hearing; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until April 19, 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.

RIVERA, J.P., RITTER, GOLDSTEIN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court