| Jimenez v New York Central Mutual Fire Insurance Comp |
| Motion No: 2007-06798 |
| Slip Opinion No: 2008 NYSlipOp 92751(U) |
| Decided on December 23, 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
M80331
E/sl
A. GAIL PRUDENTI, P.J.
ROBERT A. SPOLZINO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
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2007-06798, 2008-00820, 2008-05679 Doris Jimenez, respondent, v New York Central Mutual Fire Insurance Company, appellant. (Appeal Nos. 1 & 2) Doris Jimenez, respondent-appellant, v New York Central Mutual Fire Insurance Company, appellant-respondent. (Appeal No. 3) (Index No. 7983/07)
| DECISION & ORDER ON MOTION |
Motion by New York Central Mutual Fire Insurance Company on appeals from an order of the Supreme Court, Queens County, dated June 20, 2007, and a judgment of the same court entered January 2, 2008, and an appeal and cross appeal from a judgment of the same court dated June 2, 2008, respectively, to strike the joint supplemental record and to enlarge its time to serve and file a supplemental reply brief. Cross motion by Doris Jimenez to enlarge the record to include a certain automobile insurance policy declaration page for coverage commencing September 3, 2004, and to direct New York Central Mutual Fire Insurance Company to file a joint supplemental record.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the joint supplemental record is granted to the extent that on or before January 22, 2009, New York Central Mutual Fire Insurance Company shall serve and file a supplemental joint record containing the subject insurance policy or the pages of the policy that are missing from the joint record; and it is further,
ORDERED that the branch of the motion which is to enlarge New York Central Mutual Fire Insurance Company's time to serve and file a supplemental reply brief is granted and the supplemental reply brief shall be served and filed on or before January 22, 2009; and it is further,
ORDERED that the cross motion is denied as academic.
PRUDENTI, P.J., SPOLZINO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court