Appellate Division: Second Judicial Department

M69164

S/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2007-04715, 2007-08138, 2007-10560 Star Industries, Inc., respondent, v Innovative Beverages, Inc., d/b/a Gecko Tequila Company, et al., appellants. (Index No. 13306/03)

DECISION & ORDER ON MOTION

Motion by the respondent an appeal from two orders of the Supreme Court, Nassau County, dated April 23, 2007, and July 24, 2007, respectively, and an amended judgment of the same court dated November 1, 2007, to direct the appellants to settle the transcript of the inquest proceedings, to direct the appellants to serve and file a supplemental record containing the inquest exhibits as well as certain motion papers, 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 thereto, it is

ORDERED that the branch of the motion which is to direct the appellants to settle the transcript of the inquest proceedings is granted, and on or before April 30, 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 Supreme Court, Nassau County, on or before May 14, 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 14, 2008, the appellant shall either (1) delete or remove the transcript contained in the copies of the record on appeal filed with the Clerk of the court and serve and file a supplemental record containing the settled transcript, (2) remove and replace uncorrected pages of the transcript contained in the copies of the record on appeal filed with the Clerk of the court with pages that reflect the corrections, or (3) serve and file a supplemental record containing an errata sheet; and it is further,

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record containing the inquest exhibits as well as certain motion papers is granted to the extent that on or before April 30, 2008, the respondent shall provide the appellant with any inquest exhibits it claims are missing from the record on appeal, and on or before May 14, 2008, the appellant shall serve and file a supplemental record containing the inquest exhibits provided by the respondent and that branch of the motion is otherwise denied; 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 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.

FISHER, J.P., COVELLO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court