Perpignan v First Franklin Financial Corp.
Motion No: 2009-07291
Slip Opinion No: 2010 NY Slip Op 73254(U)
Decided on June 2, 2010
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

M103657

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-07291

Tony Perpignan, appellant, v First Franklin

Financial Corp., etc., respondent.

(Index No. 2734/08)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2009, on the ground that the record on appeal is inadequate 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 on condition that on or before July 7, 2010, the appellant serve and file a supplemental record containing the papers filed by the respondent in support of the motion that resulted in the order dated July 7, 2009, and the papers filed by the respondent in reply to the papers filed by the appellant in opposition to that motion; 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 respondent's time to serve and file a brief is enlarged until August 6, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court