Lazides v P & G Enterprises
Motion No: 2007-09924
Slip Opinion No: 2008 NYSlipOp 71636(U)
Decided on May 9, 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

M70223

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-09924

Gus Lazides, respondent,

v P & G Enterprises, et al., appellants.

(Index No. 1966/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated September 26, 2007, or to strike the record on the grounds that it contains matter dehors the record and/or it is inadequate, 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 or to strike the record is granted to the extent that on or before May 23, 2008, the appellants shall serve and file a supplemental record containing plaintiff's trial exhibits 2 and 10, 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 23, 2008, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court