Appellate Division: Second Judicial Department

M202360

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-04955 Luis Rosario, appellant, v Montalvo & Son Auto Repair Center, Ltd., respondent, et al., defendant. (Index No. 23045/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered April 28, 2015, or, in the alternative, to direct the appellant to serve and file a supplemental record containing the trial transcript and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, for leave to serve and file a supplemental record containing all or part of the trial transcript.

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 branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing the trial transcript and the cross motion are granted to the extent that on or before December 30, 2015, the appellant may serve and file a supplemental record containing all portions of the trial transcript necessary to determine the appeal, if he be so advised, and that branch of the motion and the cross motion are otherwise denied; and it is further,

 ORDERED that the branch of the 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 February 1, 2016, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court