Downing v Moskovits
Motion No: 2007-07446
Slip Opinion No: 2008 NYSlipOp 68893(U)
Decided on April 10, 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

M68851

E/sl

ROBERT A. SPOLZINO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2007-07446

Glendalyn Downing, appellant,

v Tomas Moskovits, et al., respondents.

(Index No. 22504/05)

DECISION & ORDER ON MOTION

Motion by the respondents Tomas Moskovits and Crystal Group, LLC, to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 10, 2007, on the ground that the brief refers to matter dehors the record and does not contain pages references to the appendix, and that the appellant's appendix is inadequate, or to enlarge their time to serve and file a brief. Application by the respondents Tomas Moskovits and Crystal Group, LLC, pursuant to 22 NYCRR 670.8(d)(2) 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 and upon the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that on the court's own motion, the appellant's brief is stricken, and on or before May 12, 2008, the appellant shall serve and file (1) a replacement brief that does not refer to matter dehors the record and does contain pages references to the appendix and (2) a supplemental appendix containing a notice of cross motion for a protective order and affirmation of Jonathan Roberts, and second amended response to interrogatories, all dated February 27, 2007, which are annexed as Exhibit A to the appellant's affirmation dated March 24, 2008, filed in opposition to this motion; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application are granted, the time of Tomas Moskovits and Crystal Group, LLC, to serve and file a brief is enlarged until June 11, 2008, and the brief of Tomas Moskovits and Crystal Group, LLC, must be served and filed on or before that date.

SPOLZINO, J.P., BALKIN, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court