Appellate Division: Second Judicial Department

M60990

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-01602 In the Matter of Globus Coffee, LLC, respondent, v SJN, Inc. etc., appellant. (Index No. 8985/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered December 14, 2006, on the ground that the appellant waived the right to appeal, or, in the alternative, in effect, to direct the appellant to replace page 67 of the record on appeal with a more legible copy of the document on that page 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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is, in effect, to direct the appellant to replace page 67 of the record on appeal with a more legible copy of the document on that page is granted to the extent that on or before October 26, 2007, the appellant shall replace page 67 of the copies of the record on appeal on file with the Clerk of the Court with a more legible copy or advise the Court that it does not have a more legible copy and that the respondent could not provide a more legible copy, and that branch of the motion is otherwise denied; 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.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court