Appellate Division: Second Judicial Department

M230497

E/afa

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2015-07319 Achieve It Solutions, LLC, plaintiff-respondent, v Joseph Lewis, et al., defendants-respondents, Diagnostic Imaging Group, LLC, appellant. (Index No. 19655/12)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated June 18, 2015, for failure to timely perfect and for failure to obtain the trial transcript. Motion by the appellant for leave to omit the trial transcript from the record on appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the appellant's motion which is for leave to omit the trial transcript from the record on appeal is granted upon the appellant's representation that the only issues to be raised on the appeal relate to whether the Supreme Court properly imposed joint and several liability; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until July 3, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the plaintiff-respondent's motion is denied.

ENG, P.J., RIVERA, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court