| Wen-Yu Zhou Wahab v Chassib Kassim Wahab |
| Motion No: 2007-02104 |
| Slip Opinion No: 2008 NYSlipOp 69263(U) |
| Decided on April 16, 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. |
Appellate Division: Second Judicial Department
M69065
E/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2007-02104 Wen-Yu Zhou Wahab, respondent, v Chassib Kassim Wahab, appellant. (Index No. 21793-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered January 9, 2007, on the ground that the appellant did not properly settle the trial transcript, or to direct the appellant to settle the trial transcript 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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to settle the trial transcript and to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that on or before April 30, 2008, the appellant shall serve a copy of the trial transcript on the respondent; and it is further,
ORDERED that on or before May 14, 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, Suffolk County, on or before May 28, 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 28, 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 a supplemental record containing an errata sheet; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until June 30, 2008, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court