Appellate Division: Second Judicial Department

M68927

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-02437 Peter Onitiri, appellant, v City University of New York, respondent. (Claim No. 106959)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Court of Claims dated February 13, 2007, on the ground that the appellant did not properly settle the trial transcript.

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

ORDERED that the motion is granted to the extent that on or before April 25, 2008, the respondent shall provide the appellant with any corrections to the transcript; and it is further,

ORDERED that if the parties cannot agree on any proposed changes to the transcript the appellant shall make a motion to settle the transcript in the Court of Claims on or before May 16, 2008, and shall notify this court accordingly; and it is further,

ORDERED that if the parties agree on the proposed changes on or before May 16, 2008, the appellant shall either (1) make handwritten changes to the transcript filed with the Clerk of the court to reflect the corrections, (2) remove and replace the pages of the transcript filed with the Clerk of the court that contain corrections with pages that reflect the corrections, or (3) serve and file an errata sheet; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until June 16, 2008, and the respondent's brief must be served and filed on or before that date.

MILLER, J.P., DILLON, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court