| Yi Jin Tan, individually and as shareholder and president of Nagy Sas Wir |
| Motion No: 2016-11390 |
| Slip Opinion No: 2017 NY Slip Op 92200(U) |
| Decided on November 15, 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. |
Appellate Division: Second Judicial Department
M240985
E/ct
WILLIAM F. MASTRO, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.
|
2016-11390 Yi Jin Tan, individually and as shareholder and president of Nagy Sas Wireless, Group, Inc., et al., appellants, v Gary Liang, et al., respondents, et al., defendants. (Index No. 13456/11)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, entered August 29, 2016, on the grounds that the record is inadequate and that no appeal lies from an order entered upon the default of the appealing party, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, 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 December 15, 2017, the appellants serve and file a supplemental record containing the audio CD attached as Exhibit B to the reply affirmation of Chunyu Jean Wang dated May 31, 2016; 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 January 16, 2018, and the respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court