Opinion
Motion No: 2010-06246 Index No. 12513/06 M125442
09-12-2011
, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent BJC Properties II, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 7, 2010, on the ground that the record is inadequate, and for an award of costs.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before October 11, 2011, the appellant serve and file a supplemental record containing all of the papers filed in support of and in opposition to the motion that was determined by the order dated May 7, 2010, as well as the transcript of the hearing held on the motion; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court