Appellate Division: Second Judicial Department

M63697

E/nl

HOWARD MILLER, J.P.

DAVID S. RITTER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2007-04716 Best Price Jewelers.com, Inc., appellant, v Internet Data Storage & Systems, Inc., et al., respondents. (Index No. 20200/05) (and another title)

DECISION & ORDER ON MOTION

Motion by the appellant to omit certain exhibits from the record on an appeal from an order of the Supreme Court, Kings County, dated March 12, 2007. Cross motion by the respondents to dismiss the appeal on the ground that the record on appeal is inadequate and for an award of costs and an attorney's fee. Application by the respondents to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on or before January 14, 2008, the appellant shall serve and file a supplemental record containing the missing motion exhibits; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied on condition that the appellant file the supplemental record; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 13, 2008, and the respondents' brief must be served and filed on or before that date.

MILLER, J.P., RITTER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court