Appellate Division: Second Judicial Department

M94121

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2009-01035 Harvey Fishbein, appellant, v Abraham Chaimovitz, et al., respondents. (Index No. 20894-05)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated December 18, 2008, on the ground that the record on appeal is not properly paginated and inadequate, or to direct the appellant to correct the record. Application by the respondents 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 or in relation thereto, it is

ORDERED that the motion is granted to the extent that on or before November 20, 2009, the appellant shall either (1) renumber pages of the copies of the record on appeal filed with the Clerk of the court and send the respondents copies of the renumbered pages, or (2) serve and file a replacement record on appeal that contains properly numbered pages; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 21, 2009, and the respondents' brief must be served and filed on or before that date.

FISHER, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court