| Morris v 774 Jeffco Corp. |
| Motion No: 2007-02477 |
| Slip Opinion No: 2008 NYSlipOp 63260(U) |
| Decided on February 11, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M66037
E/sl
STEVEN P. FISHER, J.P.
HOWARD MILLER
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2007-02477 Teneegua Morris, etc., et al., appellants, v 774 Jeffco Corp., et al., respondents, et al., defendant (and a third-party action). (Index No. 19186/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the record on an appeal from an order of the Supreme Court, Kings County, dated January 15, 2007, as incomplete and to enlarge the time to serve and file a brief. Cross motion by the appellants, in effect, to resolve the motion by (1) directing the parties to advise the court within 60 days as to the status of certain missing hearing transcripts, (2) directing the appellants to serve and file a supplemental record within 90 days containing (a) an order to show cause of the Supreme Court, Kings County, dated October 20, 2006, and affirmation(s) in support and exhibits annexed to the affirmation(s), (b) an order of the Supreme Court, Kings County, dated December 14, 2006, and (c) the missing hearing transcripts, and (3) directing the respondents to serve and file their brief within 30 days after service of the supplemental record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the cross motion and the stipulation of the parties dated January 11, 2008, it is
ORDERED that the cross motion is granted; and it is further,
ORDERED that on or before April 11, 2008, the parties shall advise the court as to the status of the missing hearing transcripts; and it is further,
ORDERED that on or before May 12, 2008, the appellants shall serve and file a supplemental record containing (a) the order to show cause dated October 20, 2006, and affirmation(s) in support and exhibits annexed to the affirmation(s), (b) the order of the Supreme Court, Kings County, dated December 14, 2006, and (c) the missing hearing transcripts; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until June 11, 2008, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied as academic.
FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court