Appellate Division: Second Judicial Department

M121025

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-06309 DaimlerChrysler Insurance Co., as subrogee of DSFS Trust, respondent, v Leslie W. Jenneman, appellant. (Index No. 46039-08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2010, on the ground that the record on appeal is inadequate, or alternatively, to direct the appellant to serve and file a replacement record 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 direct the appellant to serve and file a replacement record is granted to the extent that on or before June 20, 2011, the appellant shall remove pages 30 through 33 from the copies of the record filed with the Clerk of the Court and replace those pages with a complete copy of the motor vehicle lease annexed to the respondent's underlying motion papers as Exhibit A to the respondent's notice to admit; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until July 20, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied with leave to renew in the event the appellant does not comply with this order.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court