Appellate Division: Second Judicial Department

M118962

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-06027 Regina Sotnik, respondent, v Sergey Zavilyansky, appellant. (Index No. 23204/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated April 12, 2010, on the ground that the appellant's appendix is inadequate and the appellant failed to settle the trial transcript, 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 relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before May 23, 2011, the appellant settles the trial transcript and serves and files a supplemental appendix containing the transcripts of the proceedings on March 11, 2009, and June 22, 2009, and an errata sheet for the transcripts that are contained in the appellant's appendix filed on January 28, 2011; 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 June 22, 2011, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., SKELOS, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court