Appellate Division: Second Judicial Department

M204515

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-03260 Jan Wadlowski, respondent, v Phillip Ean Cohen, appellant. (Index No. 27421/08)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from an order of the Supreme Court, Kings County, dated January 15, 2015, as inadequate, 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 opposition thereto, it is

ORDERED that the branch of the motion which is to strike the record is denied on condition that on or before February 16, 2016, the appellant correct the copies of the record filed with the Clerk of the Court by (1) renumbering the second set of pages numbered 624 through 632 as pages 624A through 632A, (2) adding entries to the table of contents to reflect the inclusion of the respondent's affidavit and Daniel M. Paine's affidavit, (3) replacing the black and white photographs annexed to the respondent's affidavit as Exhibits 1, 2, and 3 and annexed to Daniel M. Paine's affidavit as Exhibit 2 and 3, with color photographs, and (4) attaching the exhibits to those affdavits in the same order as they were filed in the Supreme Court; 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 March 7, 2016, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., HALL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court