Appellate Division: Second Judicial Department

M68505

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

ARIEL E. BELEN, JJ.

2007-05445, 2008-02584 Thomas Curry, Jr., plaintiff-respondent, v Gale Associates, et al., defendants-respondents, Paramount Production Support, Inc., appellant. (Index No. 22194/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Queens County, dated April 24, 2007, and a judgment of the same court entered March 5, 2008, to stay enforcement of the judgment pending hearing and determination of the appeals. Cross motion by the plaintiff-respondent to dismiss the appeal on the ground that the appellant's appendix is inadequate or to direct the appellant to file a supplemental appendix and to enlarge the time to serve and file a brief. Separate cross motion by the plaintiff-respondent to dismiss the appeal from the order on the ground that it was superseded by the judgment or to enlarge the time to serve and file a brief.

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

ORDERED that the motion to stay enforcement of the judgment is denied as unnecessary as a stay pursuant to CPLR 5519(b) is in effect; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the appellant's appendix is inadequate or to direct the appellant to file a supplemental appendix is granted to the extent that on or before April 23, 2008, the appellant shall serve and file a supplemental appendix containing the following documents:

(1) affidavit of Thomas Curry dated November 28, 2006, invoice dated February 10, 2003, statement of Joseph F. Riso dated December 5, 2006, one-page excerpt of a lease, which documents are annexed to the above-referenced motion as Exhibit B;

(2) laser color photographs of the photographs that appear on page A343.1 of the appellant's appendix;

(3) judgment entered March 5, 2008, and the notice of appeal from the judgment; and

(4) affirmation of the appellant's attorney that the only issues the appellant intends to raise on the appeals relate to the order dated April 24, 2007;

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

ORDERED that the appellant's brief filed on the appeal from the order is also deemed to be the brief filed on the appeal from the judgment; and it is further,

ORDERED that the branches of the cross motions which are to enlarge the time to serve and file a brief are granted, the time of the plaintiff-respondent and the defendants-respondents to serve and file their briefs is enlarged until May 23, 2008, and the briefs of the plaintiff-respondent and the defendants-respondents must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order on the ground that it was superseded by the judgment is denied in light of our determinations of the cross motions.

RIVERA, J.P., SKELOS, SANTUCCI and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court