Tikvah Enterprises, LLC v Neuman
Motion No: 2009-07346
Slip Opinion No: 2010 NY Slip Op 83429(U)
Decided on September 24, 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

M108787

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2009-07346, 2010-02505

Tikvah Enterprises, LLC, respondent,

v Samuel Neuman, appellant, et al.,

defendants.

(Index No. 27590/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, dated January 29, 2009, and October 23, 2009, respectively, on the ground that the record on appeal is inadequate, or to direct the appellant to file a supplemental record containing the affirmation of Israel Vider dated October 22, 2009, with annexed exhibits, 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 appeals is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record is granted and on or before October 8, 2010, the appellant shall serve and file a supplemental record containing the affirmation of Israel Vider dated October 22, 2009, with annexed exhibits; 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 November 8, 2010, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court