Doubrovinskaya v Dembitzer
Motion No: 2008-05493
Slip Opinion No: 2009 NY Slip Op 70411(U)
Decided on April 23, 2009
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

M85623

E/cb

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2008-05493

Irina Doubrovinskaya, respondent, v

Naftali Z. Dembitzer, appellant.

(Index No. 3298/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 28, 2008, on the ground that the record on appeal is inadequate, or to direct the appellant to file a corrected record 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 motion is granted to the extent that on or before May 6, 2009, the appellant shall file a supplemental record containing the respondent's memorandum of law filed in support of her motion to reinstate the verdict; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until June 5, 2009, 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.

FISHER, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court