Xia v Li
Motion No: 2018-09380
Slip Opinion No: 2019 NY Slip Op 83823(U)
Decided on November 7, 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

M267296

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-09380

Sandy Xia, appellant,

v Roger Li, et al., respondents.

(Action No. 1)

Roger Li, et al., respondents,

v Sandy Xia, appellant.

(Action No. 2)

(Index Nos. 13846/08, 11068/08)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 22, 2018, in effect, on the ground that the record is inadequate and for an award of costs and an attorney's fee.

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 9, 2019, the appellant shall serve and file a supplemental record containing a certification, pursuant to CPLR 5525, for the transcript contained in the record, and correct the copies of the record filed with the Clerk of this Court, by replacing the documents on pages 919 through 992, 1890, 1926 through 1928, 1936, and 1938 with complete copies of the documents submitted to the Supreme Court, denominate the page between 648 and 648 as page 648a, add legible page numbers to the pages denominated as pages 610 through 614, properly order the pages between page number 970 and page number 1131, and between page number 1936 and page number 1940, and properly redact all of the digits, except the last four digits, of the social security number appearing on page 1916, and serve and file a digital copy of the corrected record; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court