Appellate Division: Second Judicial Department

M142830

S/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-03512, 2011-03513, 2011-03514 Cherubin Antiques, Inc., plaintiff, Lenore Malvasio, et al., appellants, v Mark Matiash, etc., et al., defendants-respondents; Paul T. Vink, etc., nonparty-respondent. (Index No. 2022/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this court dated August 13, 2012, in the above-entitled appeals from two orders of the Supreme Court, Nassau County, both dated February 18, 2011, and an order of the same court dated March 4, 2011, is amended by deleting the third decretal paragraph thereof and substituting therefor the following decretal paragraph:

"ORDERED that the time of the appellant Kathleen Calabretta to comply with the decision and order on motion of this Court dated April 10, 2012, is enlarged until September 10, 2012, and on or before that date the appellant Kathleen Calabretta shall (1) remove pages 121 through 201 of the appendix on file with the Clerk of the Court and file a supplemental appendix containing the papers relating to the orders dated February 18, 2011, or file a replacement appendix containing only the papers relating to the orders on appeal and (2) file a replacement brief that raises issues only relating to the orders on appeal."

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court