Appellate Division: Second Judicial Department

M95791

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2008-10913 Natalie Varriano, appellant, v Steering Wheel Rentals, Inc., defendant, Son N. Trinh, respondent. (Index No. 9377/97)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered October 30, 2008, on the ground that the record on appeal is inadequate, or to direct the appellant to serve and file a supplemental record and 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, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before January 25, 2010, the appellant shall serve and file a supplemental record containing the transcript of the minutes of the traverse hearing before Referee Nina Kurtz, any exhibits entered into evidence at the traverse hearing, and a copy of the referee's report dated July 1, 2008; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 24, 2010, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court