Appellate Division: Second Judicial Department

M67122

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

STEVEN W. FISHER

CHERYL E. CHAMBERS, JJ.

2007-09434 Riverside Capital Advisers, Inc., etc., plaintiff, Winchester Global Trust Company Limited, etc., respondent, v First Secured Capital Corporation, et al., defendants, Thomas Donovan Family Trust, defendant-appellant; Thomas Donovan, et al., nonparty-appellants. (Index No. 20600/99)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Nassau County, dated August 30, 2007, for leave to serve and file a supplemental record containing an affidavit of Lawrence A. Cline, dated April 6, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, on or before March 13, 2008, the appellants are directed to perfect their appeals from two orders of the Supreme Court, Nassau County, dated September 11, 2007, and October 12, 2007, respectively (Appellate Division Docket Nos. 2007-09398 and 2007-09919), by serving and filing a supplemental record containing copies of the orders dated September 11, 2007, and October 12, 2007, and the notices of appeal from those orders; if the appellants do not perfect their appeals from the orders dated September 11, 2007, and October 12, 2007, by March 13, 2008, pages 3006 through 3439 of the record on appeal and the appellants' joint brief are stricken on the ground that they contain or refer to matter dehors the record, and on or before April 3, 2008, the defendant-appellant and nonparty-appellants shall either delete or remove that material from the copies of the record on appeal on file with the Clerk of this court or serve and file a replacement record on appeal that does not contain the stricken material, and shall serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Nassau County, to report on whether the court considered the affidavit of Lawrence A. Cline, dated April 6, 2007, annexed as Exhibit D to the papers filed in support of the respondent's motion for leave to serve and file a supplemental record, in determining the motion that resulted in the order dated August 30, 2007, and the motion for leave to serve and file a supplemental record is held in abeyance in the interim. The Supreme Court, Richmond County, shall file its report with all convenient speed.

RIVERA, J.P., LIFSON, FISHER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court