| Schenpanski v Promise Deli, Inc. |
| Motion No: 2010-03379 |
| Slip Opinion No: 2011 NY Slip Op 70065(U) |
| Decided on April 14, 2011 |
| 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
M118652
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
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2010-03379, 2010-05016 DECISION & ORDER ON MOTION John Schenpanski, et al., appellants, v Promise Deli, Inc., defendant, Cliff Realty Corp., respondent. (Appeal No. 1) John Schenpanski, et al., appellants, v Promise Deli, Inc., respondent, et al., defendant. (Appeal No. 2) (Index No. 6508/07)
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Motion by the respondent Cliff Realty Corp. to strike the record on appeals from an order of the Supreme Court, Nassau County, dated March 10, 2010, and an amended order of the same court dated April 19, 2010, or alternatively to compel the appellants to file a corrected record, and to enlarge the time to serve and file a brief. Separate motion by the respondent Promise Deli, Inc., to compel the appellants to file a corrected record, and to enlarge the time to serve and file a brief. Application by the respondent Promise Deli, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to compel the appellants to file a corrected record are granted to the extent that on or before April 29, 2011, the appellants shall correct the copies of the record on appeal filed with the Clerk of the Court by (1) replacing the black and white photographs on page 21 and pages 32 through 36 with color photographs, (2) correcting the caption to reflect the proper name of the respondent Cliff Realty Corp., and (3) correcting the table of contents to reflect that the reply affirmation starts at page 252, and those branches of the motion are otherwise denied; and it is further,
ORDERED that the branches of the motion which are to enlarge the time to serve and file a brief and the application for the same relief are granted, the respondents' time to serve and file their briefs is enlarged until May 20, 2011, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion of the respondent Cliff Realty Corp. which is to strike the record is denied.
RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court