| Burbige v Siben & Ferber |
| Motion No: 2010-05971 |
| Slip Opinion No: 2011 NY Slip Op 72913(U) |
| Decided on May 16, 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
M120140
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2010-05971 Raymond Burbige, appellant, v Siben & Ferber, etc., et al., respondents. (Index No. 10334/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered April 28, 2010, for failure to settle the trial transcript. Separate motion by the respondents to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied on condition that on or before June 15, 2011, the appellant settles the trial transcript in accordance with CPLR 5525 and either 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 motion to enlarge the time to serve and file a brief is granted and the respondents' time to serve and file a brief is enlarged until July 15, 2011, and the respondents' brief must be served and filed on or before that date.
ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court