Appellate Division: Second Judicial Department

M65747

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-03001 Rocco Giannattasio, appellant, v Han Suk Kang, et al., respondents, et al., defendant. (Index No. 38610/01)

DECISION & ORDER ON MOTION

Motion by the respondent New York City Off-Track Betting Corporation to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered March 6, 2007, on the ground that the appellant did not settle or file the trial transcript or, in the alternative, 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 or relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before May 5, 2008, the appellant settles the trial transcript in accordance with CPLR 5525(a) and (c), and files one copy of the trial transcript in the office of the Clerk of 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 time of the respondent New York City Off-Track Betting Corporation to serve and file a brief is enlarged until June 4, 2008, and the brief of the respondent New York City Off-Track Betting Corporation must be served and filed on or before that date.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court