| LKE Family Limited Partnership v Gillen Living Trust |
| Motion No: 2007-07257 |
| Slip Opinion No: 2008 NYSlipOp 66624(U) |
| Decided on March 17, 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
M67465
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2007-07257 LKE Family Limited Partnership, appellant, v Gillen Living Trust, et al., respondents. (Index No. 23142-06)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from judgment of the Supreme Court, Suffolk County, entered July 11, 2007, inter alia, to dismiss the appeal on the ground that the appeal was taken from an order dated June 25, 2007, which has been superceded by the judgment entered July 11, 2007, to direct the appellant to serve and file a supplemental record containing certain material, to strike the record on appeal as inadequate, 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 on the court's own motion, the notice of appeal from an order of the Supreme Court, Suffolk County, dated June 25, 2007, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the order has been superceded by the judgment is denied; and it is further,
ORDERED that the branch of the motion which is to strike the record on appeal as inadequate is granted, and on or before April 14, 2008, the appellant shall serve and file a replacement record that contains the judgment entered July 11, 2007, and omits the material on pages 125 through 264 of the record on appeal, as that material is dehors the record; 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 respondents' time to serve and file a brief is enlarged until May 13, 2008, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing certain material is denied on the ground that the material is dehors the record; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court