Opinion
Motion No: 2010-11852 2011-04021 Index No. 6263/07 M125258
09-02-2011
Warren S. Dank, appellant, v. Sears Holding Management Corporation, et al., respondents.
, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the respondents, inter alia, to strike the record on an appeal from a judgment of the Supreme Court, Nassau County, entered December 2, 2010, and an amended judgment of the same court entered March 24, 2011, respectively, on the ground that it is inadequate and contains material dehors the record. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the record is granted to the extent that (1) on or before September 16, 2011, the respondents shall provide the appellant with proposed changes to the trial transcript; if the parties cannot agree on any proposed changes, on or before September 23, the appellant shall make a motion to settle the transcript in the Supreme Court, Nassau County, and notify this Court that such a motion has been made, (2) if the parties agree on proposed changes or if there are no changes to be made, on or before October 6, 2011, the appellant shall serve and file a supplemental record containing an errata sheet, if applicable, and the trial exhibits, (3) on or before October 6, 2011, the appellant shall replace the table of contents contained in the record on file with this Court with one that complies with the rules of the Court (see 22 NYCRR 670.10.2[b][3]), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until November 7, 2011, and the respondents' brief must be served and filed on or before that date.
MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court