| Liang v Wei Ji |
| Motion No: 2015-12444 |
| Slip Opinion No: 2016 NY Slip Op 90190(U) |
| Decided on November 1, 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. |
Appellate Division: Second Judicial Department
M220414
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2015-12444 Gary Liang, appellant, v Wei Ji, respondent; Alliance Law, PLLC, nonparty-respondent. (Index No. 703829/15)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 8, 2015, on the ground that the record is inadequate, or, in the alternative, to direct the appellant to serve them with "correct copies of the notice of appeal," and to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated October 11, 2016, the matter was remitted to the Supreme Court, Queens County, to report on whether that court considered the respondents' attorney's affirmation dated July 16, 2015, in reply to the plaintiff's opposition to their motion and in opposition to plaintiff's cross motion and attached exhibits, annexed to the respondents' moving papers as Exhibit B, in determining the motion and cross motion that resulted in the order dated December 8, 2015, and the motion was held in abeyance in the interim. The Supreme Court, Queens County, has issued its report dated October 14, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, dated October 14, 2016, it is
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 28, 2016, the appellant serve and file a supplemental record containing the respondents' attorney's affirmation dated July 16, 2015, in reply to the plaintiff's opposition to their motion and in opposition to plaintiff's cross motion and attached exhibits, annexed to the respondents' moving papers as Exhibit B; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 28, 2016, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., HALL, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court