Opinion
Motion No: 2011-02745 Index No. 38425/02 M133994
02-29-2012
Hassan O. G. Alamin, appellant, v. Shake Uddin, et al., respondents.
, J.P.
RANDALL T. ENG
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 13, 2011, on the ground that the record on appeal is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record and to enlarge their 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; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before March 26, 2012, the appellant shall serve and file a supplemental record containing (1) the amended notice of cross motion dated April 3, 2009, and affirmation of Bryan T. Schwartz also dated April 3, 2009, with annexed exhibits, (2) the affidavit of the appellant sworn to August 20, 2009, with annexed exhibits, and (3) the reply affirmation of Bryan T. Schwartz also dated October 29, 2009, with annexed exhibits; 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 April 30, 2012, and the respondents' brief must be served and filed on or before that date.
SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court