Appellate Division: Second Judicial Department

M81876

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

HOWARD MILLER, JJ.

2008-03226 Keum Lee Jeong, appellant, v Imperial Contract Cleaning, Inc., et al., respondents. (Index No. 7158/06)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to dismiss an appeal from an order of the Supreme Court, Queens County, entered March 12, 2008, on the ground that the record on appeal is inadequate or, in the alternative, to correct the record and to enlarge their 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, in effect, to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to correct the record is granted and on or before February 11, 2009, the appellant shall either insert page 3 of the report of Scott S. Coyne, M.D., dated September 22, 2007, in the copies of the record on appeal filed with the Clerk of the court as page 206a, or serve and file a supplemental record containing that page; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 13, 2009, and the respondents' brief must be served and filed on or before that date.

SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court