Appellate Division: Second Judicial Department

M69997

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-08639 In the Matter of Teamsters Local 814 Welfare, Pension and Annuity Funds, etc., respondent, v County Van Lines, Inc., appellant. (Index No. 21225/06)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from an order of the Supreme Court, Queens County, entered April 30, 2007, as inadequate, or, in the alternative, to direct the appellant to file a supplemental 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 relation thereto, it is

ORDERED that the branch of the motion which is to strike the record or, in the alternative, to direct the appellant to file a supplemental record is granted to the extent that page 3 of the record is stricken and on or before May 26, 2008, the appellant shall replace that page with a correct copy of the notice of entry for the order entered April 30, 2007, in the copies of the record on appeal filed with the Clerk of the court, 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 4, 2008, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court