| Geller v Spitalnick |
| Motion No: 2006-08406 |
| Slip Opinion No: 2007 NYSlipOp 74469(U) |
| Decided on July 30, 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
M57633
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2006-08406 Alan Geller, appellant, v Robert Spitalnick, respondent (and a third-party action). (Index No. 1089/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 25, 2006, on the ground that the order was superseded by a judgment of the same court entered August 16, 2006, or, in effect, on the ground that the record on appeal is inadequate, or, in the alternative, to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 on the court's own motion, the notice of appeal from the order dated July 25, 2006, is deemed to be a notice of appeal from the judgment entered August 16, 2006 (see CPLR 5512); and it is further,
ORDERED that the branch of the motion to dismiss the appeal, in effect, on the ground that the record on appeal is inadequate is denied on condition that on or before August 27, 2007, the appellant (1) serves and files a supplemental record containing the judgment as well as the omitted material listed in paragraph 10 of the affirmation of Andrew Lavoot Bluestone dated May 7, 2007, and (2) corrects the copies of the record on appeal filed with the Clerk of the court to correct certain misdescriptions pursuant to paragraph 10 of the affirmation of Andrew Lavoot Bluestone dated May 7, 2007, or (3) serves and files a replacement record which contains the omitted material and corrects certain misdescriptions in accordance with paragraph 10 of the affirmation of Andrew Lavoot Bluestone dated May 7, 2007; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until September 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.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court