| Washington-Fraser v Industrial Home for Blind, now know |
| Motion No: 2016-05788 |
| Slip Opinion No: 2016 NY Slip Op 91288(U) |
| Decided on November 14, 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
M221230
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-05788 Rosemary Washington-Fraser, respondent, v Industrial Home for Blind, now known as Helen Keller for Blind, appellant. (Index No. 44/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 5, 2016, on the ground that the record does not contain a transcript of oral argument of the underlying summary judgment motion and that the lease agreement between the appellant and Housing Works, Inc., contained in the record is not an accurate copy of the lease agreements submitted to the Supreme Court, to strike the lease agreement contained in the record filed with this Court, or to direct the appellant to replace the lease agreement with copies of the subject documents that were submitted to the Supreme Court, and to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to serve and file a supplemental record containing the transcript of oral argument if the Court determines that it is properly part of the record, as well as copies of the lease agreements that were submitted to the Supreme Court.
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 denied on condition that on or before November 29, 2016, the appellant serve and file a supplemental record containing the lease agreements submitted to the Supreme Court as part of the underlying summary judgment motion; 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 December 29, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is granted to the extent set forth above and is otherwise denied.
BALKIN, J.P., DICKERSON, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court