Appellate Division: Second Judicial Department

M242026

E/afa

COLLEEN D. DUFFY, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2016-05378 Zvi Katz, appellant, v Nissan Mangel, et al., respondents. (Index No. 4207/13)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 15, 2016, on the ground that the record includes certain documents which contain handwritten notations and are not accurate reproductions of the documents filed with the Supreme Court in connection with the underlying motion and cross motion 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 is denied on condition that on or before December 28, 2017, the appellant serve and file a replacement record which does not include documents containing handwritten notations; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until January 29, 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.

DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court