| Allstate Insurance Company v Mendez |
| Motion No: 2008-01578 |
| Slip Opinion No: 2008 NYSlipOp 81168(U) |
| Decided on August 26, 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
M74960
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2008-01578 Allstate Insurance Company, respondent, v Jose Mendez, appellant. (Index No. 21026/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered January 9, 2008, to compel the respondent to provide certain trial exhibits and to direct the respondent to stipulate to the correctness of the trial transcript. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal. Separate application by the appellant for leave to perfect the appeal without the missing trial exhibits.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the applications, it is
ORDERED that the branch of the motion which is to compel the respondent to provide trial exhibits is denied as academic with respect to trial exhibits Nos. 1, 2, 4, 5, 6, 7, 11, 14, and 15 as those exhibits have been provided to the appellant, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to direct the respondent to stipulate to the correctness of the trial transcript is denied as academic as the respondent has so stipulated; and it is further,
ORDERED that the application to enlarge the time to perfect the appeal is granted and the appellant's time to perfect the appeal is enlarged until October 27, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application for leave to perfect the appeal without the missing trial exhibits is denied without prejudice to making a motion in the Supreme Court, Queens County, to reconstruct the trial exhibits or filing a stipulation pursuant to 22 NYCRR 670.10.2(b)(6) to omit the exhibits.
MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court