Appellate Division: Second Judicial Department

M74599

S/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-07033, 2007-07933 Cathy Jo Ewanciw, et al., appellants, v Gregg Atlas, etc., respondent. (Index No. 05-5391)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a judgment of the Supreme Court, Orange County, dated June 15, 2007, and an order of the same court July 20, 2007, inter alia, to direct the respondent to produce all trial exhibits in his possession, for leave to incorporate a reconstructed exhibit of any trial exhibit that cannot be located, and to enlarge the time to perfect the appeals. By decision and order on motion dated February 22, 2008, the matter was remitted to the Supreme Court, Orange County, for a reconstruction hearing as to the trial exhibits and to report on whether the trial exhibits can be reconstructed, and the motion was held in abeyance in the interim. The Supreme Court, Orange County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the report of the Supreme Court, Orange County, and the stipulation of the parties, it is,

ORDERED that the branch of the motion which is, inter alia, to direct the respondent to produce all trial exhibits in his possession, for leave to incorporate a reconstructed exhibit of any trial exhibit that cannot be located, is denied in light of the so ordered stipulation of the parties dated May 23, 2008; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted and the appellants' time to perfect the appeals is enlarged until September 30, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., SANTUCCI, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court