Appellate Division: Second Judicial Department

M92130

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

SHERI S. ROMAN, JJ.

2009-03371 Reginald Green, appellant, v City of New York, et al., respondents. (Index No. 20696/05)

DECISION & ORDER ON MOTION

Motion by the respondent Gallery at Fulton Street, LLC, to strike the record on an appeal from an order of the Supreme Court, Kings County, dated February 3, 2009, on the ground that it is inadequate.

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 October 2, 2009, the appellant shall serve and file a supplemental record containing (1) the deposition of the appellant annexed as Exhibit F to the motion papers of the respondent Schindler Elevator Corporation and Exhibit G to the motion papers of the respondent Gallery at Fulton Street, LLC, (2) notice of motion and supporting affirmation of Robert M. Ginsberg both dated April 17, 2007, (3) order of the Supreme Court, Kings County, dated November 16, 2007, and (4) ECourts motion docket entry concerning the above-entitled action, and the motion is otherwise denied; and it is further,

ORDERED that the respondents' time to serve and file their briefs is enlarged until November 2, 2009, and the respondents' briefs must be served and filed on or before that date.

SKELOS, J.P., COVELLO, ANGIOLILLO and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court