Kucevic v Three Park Avenue Building Co., L.P.
Motion No: 2007-08374
Slip Opinion No: 2008 NYSlipOp 69167(U)
Decided on April 15, 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

M69039

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-08374

Zuma Kucevic, appellant, v Three Park Avenue

Building Co., L.P., et al., defendants third-party

plaintiffs-respondents, New York Elevator Company,

defendant-respondent; Consolidated Edison Company

of New York, Inc., third-party defendant-respondent.

(Index No. 6320/04)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-respondents and the defendant-respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered July 10, 2007, on the ground that the record on appeal and the appellant's brief contain or refer to matter dehors the record, to strike the record on appeal and Point III of the appellant's brief and to direct the appellant to file a replacement record and brief that do not contain or refer to matter dehors the record, 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 and in relation thereto, it is

ORDERED the branch of the motion which is to strike the record on appeal is granted to the extent that pages 403 through 420 and 464 through 649 of the record on appeal are stricken on the ground that the pages are out of order or not identical copies of the material submitted to the Supreme Court, Queens County, and on or before April 29, 2008, the appellant shall either remove those pages and file a supplemental record containing replacement pages or serve and file a replacement record that contains identical copies of the material submitted to the Supreme Court, Queens County, in proper order; 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 time of the defendants third-party plaintiffs-respondents and the defendant-respondent, and the third-party defendant-respondent to serve and file their respective briefs is enlarged until May 29, 2008, and the briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court