| Hereford Insurance Company v Paitou |
| Motion No: 2009-01976 |
| Slip Opinion No: 2009 NY Slip Op 84409(U) |
| Decided on September 25, 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. |
Appellate Division: Second Judicial Department
M92434
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2009-01976 Hereford Insurance Company, appellant, v Justice Paitou, et al., respondents. (Index No. 15958/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent Rosillo & Licata to dismiss an appeal from an order of the Supreme Court, Queens County, January 13, 2009, as untimely taken, to strike the record on appeal as inadequate and dismiss the appeal, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant pursuant to CPLR 5520 to extend the time to serve the notice of appeal and, in effect, for leave to file a supplemental record.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the cross motion which is pursuant to CPLR 5520 to extend the time to serve the notice of appeal on the respondent Rosiello & Licata, which was timely filed, is granted and the notice of appeal is deemed timely served; and it is further,
ORDERED that the branch of the motion which is to strike the record on appeal as inadequate and dismiss the appeal is granted to the extent that on or before October 16, 2009, the appellant shall serve and file a supplemental record containing the affidavit of Jonathan Bruno and the affidavit of Joseph Liata, Jr., submitted in support of the motion that resulted in the order being appealed, with annexed exhibits; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of the respondent Rosillo & Licata to serve and file a brief is enlarged until November 16, 2009, and the brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is, in effect, for leave to file a supplemental record is granted as indicated above.
SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court