Appellate Division: Second Judicial Department

M257165

E/afa

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2018-03111 Robert Ardouin, respondent, v Castel Simon, appellant. (Index No. 5360/14)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered February 8, 2018, on the ground that the record is inadequate and does not comply with the rules of this Court or, in the alternative, to extend 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 appeal is denied on condition that on or before December 5, 2018, the appellant serve and file a replacement record that includes the missing documents which comprise pages 87 through 121 of the record on appeal, contains headers pursuant to CPLR 5526, the documents contained in Exhibit B annexed to the affirmation of Gabriel R. Korinman dated September 13, 2018, filed in support of the respondent's motion, and all papers filed in opposition to the underlying motion which is the subject of the appeal; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until January 4, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., SGROI, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court