Appellate Division: Second Judicial Department

M70848

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-08318, 2007-08322 Jimmy Parker, respondent, v Top Homes, Inc., appellant, et al., defendants. (Index No. 25251/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Queens County, entered April 30, 2007, and an order of the same court dated July 31, 2007, on the ground that the record on appeal is inadequate, or, in the alternative, to direct the appellant to file a supplemental record containing certain documents, to enlarge the time to serve and file a brief, and for an award of costs. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record is granted to the extent that on or before June 12, 2008, the appellant shall serve and file a supplemental record containing the following: (1) the respondent's affidavit dated August 24, 2006, and the affirmation of his attorney dated August 21, 2006, submitted in support of the August 2006 order to show cause, (2) order of the Supreme Court, Kings County, dated October 24, 2006, (3) notice of pendency dated August 22, 2006, (4) affirmations of service of Kenneth D. Litwack dated August 24, 2006, and August 25, 2006, respectively, (5) affirmations of service of Tara A. Hofstra dated August 24, 2006, and October 16, 2006, respectively, (6) photograph of pickup truck, annexed to the papers filed in support of the instant motion as part of Exhibit 5G, (7) photograph of a building, annexed to the papers filed in support of the instant motion as the third photograph in Exhibit 5J, and (8) photograph date stamped "11/02/2006", annexed to the papers filed in support of the instant motion on the top of the first page of photographs in Exhibit 5K; 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 and the application are granted, the respondent's time to serve and file a brief is enlarged until July 14, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court