Appellate Division: Second Judicial Department

M58992

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REINALDO E. RIVERA, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2007-00820 Juniara Lessage, respondent, v Relm Associates, LLC, etc., et al., appellants, et al., defendant. (Index No. 405/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 29, 2006, on the ground that the record on appeal is inadequate or to direct the appellants to serve and file a supplemental record containing a certain police arrest record. By decision and order on motion dated May 29, 2007, the matter was remitted to the Supreme Court, Kings County, to hear and report on the issue of whether the court considered the police arrest record in determining the motion that resulted in the order dated November 29, 2006, and the respondent's motion to dismiss the appeal was held in abeyance in the interim. The Supreme Court, Kings 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, Kings County, dated July 18, 2007, it is

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record is granted, and on or before September 11, 2007, the appellant shall file a supplemental record containing the police arrest record appended to the affirmation of Allen D. Springer dated May 18, 2007; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court