Appellate Division: Second Judicial Department

M109645

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

SHERI S. ROMAN, JJ.

2009-07788, 2009-10397, 2010-06194 Janet Callaghan, appellant, v W. Robert Curtis, et al., respondents. (Index No. 04-20136)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated August 5, 2009 (Appellate Division Docket No. 2009-07788), and June 4, 2010 (Appellate Division Docket No. 2010-06194), respectively, and a judgment of the same court dated September 21, 2009 (Appellate Division Docket No. 2009-10397), and, in effect, to correct the record on appeal filed in connection with the appeals from the order dated August 5, 2009, and the judgment dated September 21, 2009, by adding certain pages. Cross motion by the respondents to direct a trial of the above-entitled action, to direct the appellant to post a bond in the sum of $900,000, in effect, to enlarge the time to serve and file respondents' briefs, for leave to refer to the records in the respective instant appeals in the respondents' briefs, and, in effect, to enlarge the record to include certain documents annexed as exhibits to the cross motion.

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

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is to correct the record on appeal filed in connection with the appeals from the order dated August 5, 2009 (Appellate Division Docket No. 2009-07788), and the judgment dated September 21, 2009 (Appellate Division Docket No. 2009-10397), is granted, and on or before November 3, 2010, the appellant shall insert into the copies of the record on appeal filed in connection with those appeals the following: (1) page 8 of the amended answer to the amended complaint and counterclaims as page 166a of the record on appeal, (2) page 1 of the affidavit of Janet Callaghan dated August 3, 2006, as page 265a of the record on appeal, (3) page 3 of the engagement agreement/letter from Curtis & Associates to Janet Callaghan, dated September 5, 2002, as page 426a of the record on appeal, and (4) an additional page in the table of contents of the record on appeal with the heading "Separate Appendix Accompanying Cross Motion Part II"; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file respondents' briefs is granted, the respondents' time to serve and file briefs is enlarged until November 24, 2010, and the respondents' briefs must be served and filed on or before that date; the respondents shall serve and file one brief for the appeals from the order dated August 5, 2009 (Appellate Division Docket No. 2009-07788), and the judgment dated September 21, 2009 (Appellate Division Docket No. 2009-10397), and a separate brief for the appeal from the order dated June 4, 2010 (Appellate Division Docket No. 2010-06194); and it is further,

ORDERED that the branch of the cross motion which is to direct a trial of the above-entitled action is denied as unnecessary; and it is further,

ORDERED that the cross motion is otherwise denied.

RIVERA, J.P., COVELLO, SANTUCCI and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court