| Rodriguez v 1790 Broadway Associates, LLC |
| Motion No: 2012-11158 |
| Slip Opinion No: 2013 NY Slip Op 91293(U) |
| Decided on November 14, 2013 |
| 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
M165187
E/ct
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2012-11158 Lisa Rodriguez, appellant, v 1790 Broadway Associates, LLC, defendant-respondent, HSBC Bank USA, National Association, etc., defendant third-party plaintiff-respondent, et al., defendant; LRP Construction Corp., third-party defendant- respondent, et al., third-party defendant. (Index No. 28990/06)
| DECISION & ORDER ON MOTION |
Motion by HSBC Bank USA, National Association, to dismiss an appeal from an order of the Supreme Court, Queens County, entered October 1, 2012, on the ground that the record is inadequate or to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file brief. Separate applications by LRP Construction Corp. and 1790 Broadway Associates, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted to the extent that on or before December 2, 2013, the appellant must repaginate the pages presently numbered 450 through 499 containing pages 9 through 59 of the deposition of Michael Murphy, and add a 3-page errata sheet associated with the deposition transcript for Lisa Rodriguez to Volume One of the record, after page 305, or serve and file a replacement record that contains properly paginated pages as well as the errata sheet 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 time to serve and file brief and the applications for that relief are granted, the respondents' time to serve and file their respective briefs is enlarged January 2, 2014, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court