Johnson v Robertson
Motion No: 2013-10602
Slip Opinion No: 2014 NY Slip Op 75152(U)
Decided on June 16, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M175669

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

COLLEEN D. DUFFY, JJ.

2013-10602

L. Scott Johnson, appellant,

v Bryan Robertson, et al., respondents,

et al., defendant.

(Index No. 08-11686)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 20, 2013, on the ground that the appellant's appendix 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 granted to the extent that on or before July 14, 2014, the appellant shall serve and file a supplemental appendix containing material upon which the respondent will rely, including, but not limited to, "material excerpts from transcripts . . . upon which it may be reasonably assumed the respondent will rely" (see 22 NYCRR 670.10.2[c][1]), and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until August 13, 2014, and the respondents' brief must be served and filed on or before that date.

ENG, P.J., RIVERA, LOTT and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court