Liang, as assignee of Yeechiu Chung Liang v Yi Jing Tan
Motion No: 2016-02097
Slip Opinion No: 2017 NY Slip Op 61645(U)
Decided on January 20, 2017
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

M224865

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-02097, 2016-06192

Gary Liang, as assignee of Yeechiu Chung

Liang, et al., respondents, v Yi Jing Tan,

et al., appellants.

(Index No. 7424/08)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss appeals from two orders of the Supreme Court, Queens County, dated December 23, 2015, and April 25, 2016, respectively, on the ground that the record is inadequate and contains matter dehors the record, to impose a sanction upon the appellants' counsel, 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 dismiss the appeals on the ground that the record is inadequate and contains matter dehors the record is granted to the extent that on or before February 21, 2017, the appellants shall serve and file a supplemental record containing the appellants' and the respondents' hearing exhibits and remove pages 318 through 654 from the copies of the record filed with the Clerk of the Court, or serve and file a replacement record that contains the hearing exhibits and omits the material on pages 318 through 654 ; 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 March 26, 2017, 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, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court