Appellate Division: Second Judicial Department

M115732

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2009-08305 Joseph O. Yebo, appellant, v Helene M. Cuadra, respondent. (Index No. 19237/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 29, 2009, on the ground that the record on appeal is inadequate, or, in the alternative, 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 March 21, 2011, the appellant removes pages 535 through 541 from the copies of the record on appeal filed with the Clerk of the Court, settles the transcript (see CPLR 5525[c]), and serves and files a supplemental record containing an errata sheet or an affirmation in accordance with the provisions of CPLR 5525(c)(2) in the event that there are no proposed amendments or objections to the transcript; 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, and the respondent's time to serve and file a brief is enlarged until April 20, 2011.

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court