Mangiaracina v City of New York
Motion No: 2007-06395
Slip Opinion No: 2008 NYSlipOp 67942(U)
Decided on March 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M68333

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2007-06395

Thomas Mangiaracina, plaintiff-respondent,

v City of New York, et al., defendants-respondents,

General Motors, Inc., appellant, et al., defendant.

(Index No. 1035/05)

DECISION & ORDER ON MOTION

Separate motions by Thomas Mangiaracina, and the City of New York and New York City Police Department to dismiss an appeal from an order of the Supreme Court, Queens County, dated January 30, 2007, or to direct the appellant to serve and file a supplemental record containing certain motion papers and a deposition transcript and to enlarge the time to serve and file their respective briefs. Cross motion by the appellant for leave to file a supplemental record containing certain motion papers.

Upon the papers filed in support of the motions and cross motion, the papers filed in opposition to the motions, and no papers having been filed in opposition or relation to the cross motion, it is

ORDERED that the cross motion and the branches of the motions which are to direct the appellant to serve and file a supplemental record containing Thomas Mangiaracina's cross motion and the papers submitted in opposition to that cross motion, with attached exhibits, are granted, and on or before April 14, 2008, the appellant shall serve and file a supplemental record containing those documents; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file the briefs of Thomas Mangiaracina, and the City of New York and New York City Police Department are granted, the time of Thomas Mangiaracina, and the City of New York and New York City Police Department to serve and file their respective briefs is enlarged until May 13, 2008, and those briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court