Pirro Group, LLC v One Point Street, Inc.
Motion No: 2009-04119
Slip Opinion No: 2009 NY Slip Op 86741(U)
Decided on October 22, 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

M93551

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-04119

Pirro Group, LLC, respondent,

v One Point Street, Inc., appellant,

et al., defendant.

(Index No. 07-21683)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from on order and interlocutory judgment (one paper) of the Supreme Court, Westchester County, entered March 23, 2009, to strike the record as inadequate and on the ground that it contains matter dehors the record and to direct the appellant to file a corrected record, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the branch of the motion which is to strike the record and to direct the appellant to file a supplemental record is granted to the extent that the transcript of the proceedings of April 22, 2009, at pages 344 through 365 of the record on appeal is stricken and on or before November 5, 2009, the appellant shall either (1) remove that material from the copies of the record filed with the Clerk of the court and serve and file a supplemental record containing a letter from Gregory J. Spaun dated May 29, 2008, and a letter of Scott M. Salant dated January 5, 2009, or (2) serve and file a replacement record that does not contain the transcript and does contain the letters set forth above, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application are granted, the respondent's time to serve and file a brief is enlarged until December 7, 2009, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court