| San Filippo v Hobbs |
| Motion No: 2009-05812 |
| Slip Opinion No: 2010 NY Slip Op 81699(U) |
| Decided on September 8, 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. |
Appellate Division: Second Judicial Department
M107626
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-05812 Augustin J. San Filippo, appellant, v Albert Allen Hobbs, etc., respondent. (Index No. 14724-07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered May 22, 2009, on the ground that the record on appeal is inadequate and contains matter dehors the record, to enlarge the time to serve and file a brief, and to impose a sanction upon the appellant.
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 October 8, 2010, the appellant remove pages 12 through 49, 124 through 129, 140 through 143, 157 through 179, 202, 240 through 243, 283, and 305 through 321 from the copies of the record on appeal filed with the Clerk of the court and serve and file a supplemental record containing copies of the documents on those pages that do not contain notations that were not contained on the subject documents when they were submitted to the Supreme Court, Suffolk County, as well as complete copies of the bill of particulars dated July 7, 2008, on pages 140 through 143 of the record, which is currently missing page 4, and the reply affidavit dated November 12, 2008, on pages 305 through 321 of the record, which is currently missing pages 14 and 15; and it is further,
ORDERED that in the event the appellant does not comply with the foregoing, the court, on its own motion, may dismiss the appeal, or the respondent may move to dismiss the appeal, on three days notice; 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 November 8, 2010, and, in the event that the appeal is not dimissed, 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.
SKELOS, J.P., COVELLO, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court