Matter of Weslowski v Day
Motion No: 2018-09640
Slip Opinion No: 2019 NY Slip Op 66311(U)
Decided on March 25, 2019
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

M261200

E/mm

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-09640

In the Matter of John L. Weslowski, appellant,

v Edwin J. Day, etc., et al., respondents.

(Index No. 14669/2010)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated March 22, 2018, for failure to settle the transcript and on the ground that the appellant's appendix is inadequate, 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 April 24, 2019, the appellant settle the transcript, and serve and file a supplemental appellant's appendix containing an errata sheet concerning the transcript pages contained in the appellant's appendix, filed January 10, 2019, if corrections are necessary, as well as any pages of the transcript which are not contained in the appellant's appendix, and that branch of the motion is otherwise denied without prejudice to the respondents' serving and filing a respondents' appendix which includes hearing exhibits which are not contained in the appellant's appendix; if no errata sheet is necessary, then the appellant's counsel shall also file an affidavit or an affirmation stating that no changes concerning the transcript pages contained in the appellant's appendix are necessary; and it is further,

ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is extended until May 24, 2019, 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., LEVENTHAL, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court