| Comito v Foot of Main, LLC |
| Motion No: 2011-02977 |
| Slip Opinion No: 2012 NY Slip Op 64621(U) |
| Decided on February 16, 2012 |
| 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
M133395
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-02977 Marc Comito, appellant-respondent, v Foot of Main, LLC, et al., respondents- appellants. (Index No. 09-9311)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants on an appeal and a cross appeal from an order of the Supreme Court, Rockland County, dated March 1, 2011, to dismiss the appeal on the ground that the joint record is inadequate.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before March 9, 2012, the appellant-respondent shall (1) correct copies of the joint record filed with the Clerk of the Court by (a) correcting the table of contents to list Exhibit K of the respondents-appellants's cross motion, which appears in the record on pages 93 through 124; (b) replace the witness signature page and court reporter certification page at pages 122 and 124, respectively, with a signed witness signature page and a signed court reporter certification page; (c) replace the stipulation located at pages 53 through 90 with a fully signed copy of the subject stipulation; (d) relocate the reply affirmation of the appellant-respondent's attorney currently located at pages 153 through 159 to its proper place in the record and change the table of contents entry to reflect the new location; and (e) remove page 302 and place it in the correct portion of the record or omit this page; and (2) file a supplemental joint record containing Exhibits A and B of the reply affirmation of the appellant- respondent's attorney or (3) serve and file a replacement record which complies with the above directives; and it is further,
ORDERED that on the Court's own motion, the respondents-appellants' time to serve and file a reply brief, if so advised, is enlarged until March 19, 2011.
RIVERA, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court