Appellate Division: Second Judicial Department

M60495

E/nl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2007-01170, 2007-05322 Anonymous, respondent, v Duane Reade, Inc., appellant. (Index No. 7541/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, dated November 14, 2006, and May 9, 2007, respectively, on the ground that the record on appeal is inadequate or, in the alternative, to direct the appellant to supplement the record on appeal, to redact the respondent's name from the material in the record, 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 branch of the motion which is to direct the appellant to redact the respondent's name from the material in the record is granted and on or before October 12, 2007, the appellant shall redact the respondent's name from the material in the copies of the record on file with this court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 13, 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., COVELLO, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court