DaimlerChrysler Insurance Co., as subrogee of DSFS Trus
Motion No: 2010-06309
Slip Opinion No: 2011 NY Slip Op 88809(U)
Decided on November 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128375

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SHERI S. ROMAN, 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

Renewed motion by the respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2010, for failure to comply with a decision and order on motion of this Court dated June 7, 2011, as amended by decision and order on motion of this Court dated August 17, 2011. Cross motion by the appellant to extend the time to comply with the decision and order on motion dated June 7, 2011, as amended.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, and on or before November 17, 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 motion is denied.

RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court