Appellate Division: Second Judicial Department

M220069

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-00117, 2016-00051, 2016-00118 Gary Liang, appellant, v Yi Jing Tan, respondent. (Index No. 8155/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Queens County, two dated November 12, 2015, and one dated November 25, 2015, on the grounds that (1) the notice of appeal and the record and the appellant's brief were not properly served, and (2) the record is inadequate, and (3), in effect, to enlarge the time to serve and file a brief. Cross motion by the appellant to impose a sanction upon the respondent, the respondent's former counsel, and the respondent's current counsel.

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 on the ground that the notice of appeal and the record and the appellant's brief were not properly served is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is inadequate is denied on condition that on or before November 21, 2016, the appellant serve and file a supplemental record containing the exhibits to the cross motions filed by the respondent that were determined by the orders dated November 12, 2015; and it is further,

ORDERED that the branch of the motion which is, in effect, 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 December 21, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court