Appellate Division: Second Judicial Department

M129404

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-00243 Susan Rocco, appellant, v Family Foot Center, defendant-respondent, Stanley J. Zawada, etc., defendant third-party plaintiff-respondent; Charles Lombardi, etc., third-party defendant-respondent. (Index No. 9666/04)

DECISION & ORDER ON MOTION

Motion by Charles Lombardi, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 30, 2010, on the ground that the record on appeal is inadequate, and to enlarge the time to serve and file a brief. Separate motion by Stanley J. Zawada, inter alia, for leave to serve and file a supplemental record containing certain documents or to strike the record as inadequate, and, in effect, to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to serve and file a supplemental record.

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

ORDERED that the cross motion is granted, and on or before December 13, 2011, the appellant shall serve and file a supplemental record containing the affirmation of Jonathan R. Janofsky dated June 1, 2010, with attached exhibits; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file briefs are granted, the time of Charles Lombardi and Stanley J. Zawada to serve and file their briefs is enlarged until January 12, 2012, and the briefs of Charles Lombardi and Stanley J. Zawada must be served and filed on or before that date, and the motions are otherwise denied.

ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court