Appellate Division: Second Judicial Department

M63191

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2006-09995 Santo Barbagiovanni, appellant, v Roman Catholic Archdiocese of New York, et al., respondents, et al., defendant. (Index No. 05-19965)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike the record on an appeal from an order of the Supreme Court, Westchester County, entered September 15, 2006, and dismiss the appeal on the ground that the record is incomplete, or to direct the appellant to serve and file a supplemental record containing a memorandum of law dated January 5, 2006, and, in effect, 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 serve and file a supplemental record containing the memorandum of law dated January 5, 2006, is granted; and it is further,

ORDERED that on or before December 26, 2007, the appellant shall serve and file the supplemental record containing the memorandum of law dated January 5, 2006, attached to the respondents' motion papers as Exhibit B; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to serve and file a brief is denied as academic as the respondents timely filed their brief; and it is further,

ORDERED that the motion is otherwise denied.

KRAUSMAN, J.P., FISHER, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court