Minelli Construction Co., Inc. v New York City School Co
Motion No: 2015-11047
Slip Opinion No: 2016 NY Slip Op 89454(U)
Decided on October 25, 2016
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

M220264

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2015-11047

Minelli Construction Co., Inc., respondent,

v New York City School Construction Authority,

appellant.

(Index No. 28844/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 11, 2015, on the ground that the record on appeal is inadequate. Cross motion by the appellant to deem the record on appeal to be an appellant's appendix.

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 on condition that on or before December 12, 2016, the appellant serves and files a supplemental record containing the hearing transcript as well as any hearing exhibits that are not already contained in the record on appeal filed with this Court on August 5, 2016; 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