Appellate Division: Second Judicial Department

M147532

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-03223 Las Palmeras De Ossining Restaurant, Inc., appellant-respondent, v Midway Center Corporation, respondent-appellant. (Index No. 17824/09)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to strike the joint record on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered December 15, 2011, or, in the alternative, to direct the appellant-respondent to file a supplemental joint record and to enlarge its 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 strike the joint record or to direct the appellant-respondent to file a supplemental joint record is granted to the extent that on or before December 26, 2012, the appellant-respondent shall correct the copies of the joint record filed with the Clerk of the Court by (1) placing in its proper position the document identified as Exhibit E to the supplemental affidavit of J. Mark Lane dated November 11, 2011, (2) removing pages 539 through 543, (3) changing the suite number of the respondents' attorney's office to Suite 207 on the cover page, and (4) modifying the CPLR 5531 statement to state the proper date issue was joined that is, September 10, 2009, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent-appellant's time to serve and file a brief is granted, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until January 25, 2013, and the answering brief must be served and filed on or before that date.

SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court