Rock City Sound, Inc. v Bashian & Farber, LLP
Motion No: 2008-11146
Slip Opinion No: 2009 NY Slip Op 80020(U)
Decided on August 7, 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

M90513

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2008-11146

Rock City Sound, Inc., appellant-respondent,

v Bashian & Farber, LLP, et al., respondents-

appellants.

(Index No. 4525/08)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to strike the joint record on an appeal and cross-appeal from an order of the Supreme Court, Dutchess County, dated October 24, 2008, or to direct the appellant-respondent to serve and file a supplemental joint record. Application by the appellant-respondent to impose a sanction upon the respondents-appellants.

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 motion is denied without prejudice to the respondents-appellants serving and filing a supplemental joint record containing an order of the Supreme Court, Dutchess County, dated January 16, 2009, on or before August 21, 2009; and it is further,

ORDERED that the application is denied.

SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court