Appellate Division: Second Judicial Department

M163509

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-05680 Maureen E. Trapani, appellant, v Windsor Garage, LLC, respondent. (Index No. 29399/10)

DECISION & ORDER ON MOTION

Motion by the respondent to direct the appellant to correct the record on an appeal from an order of the Supreme Court, Queens County, dated April 17, 2013, or, in the alternative, for leave to serve and file a supplemental 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 relation thereto, it is

ORDERED that branch of the motion which is to correct the record is granted to the extent that on or before October 24, 2013, the appellant is directed to remove the reply affirmation on pages 139 through 145 from the copies of the record filed with the Clerk of the Court and replace it with the reply affirmation of James Gilroy dated January 29, 2012, and correct the table of contents of the record; and it is further,

ORDERED that branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until November 25, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court