Cundari v American Industrial Trucking
Motion No: 2009-04367
Slip Opinion No: 2009 NY Slip Op 82099(U)
Decided on September 1, 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

M91495

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-04367

Joseph Cundari, respondent,

v American Industrial Trucking, etc.,

et al., appellants.

(Index No. 101151/05)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Richmond County, dated March 30, 2009, to be excused from transcribing the entire transcript and for leave to transcribe only the minutes relating to the liability trial. Cross motion by the respondent to limit the appeal, in effect, to only the issues pertaining to the issue of liability.

Upon the papers filed in support of the motion and the cross motion, the papers filed in relation to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that the motion and the cross motion are granted.

SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court