Appellate Division: Second Judicial Department

M168086

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-02897 In the Matter of Menachem Ezagui, appellant, v Kings County District Attorney, respondent. (Index No. 4116/12)

DECISION & ORDER ON MOTION

Motion by the appellant to dispense with reproducing certain portions of the record on an appeal from a judgment of the Supreme Court, Kings County, entered January 7, 2013, or, in the alternative, for leave to prosecute the appeal on the original papers. Cross motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied on condition that on or before February 14, 2014, the appellant shall serve and file a supplemental record containing the respondent's papers filed in opposition to the petition that resulted in the judgment entered January 7, 2013, and that branch of the cross motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 18, 2014, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court