Appellate Division: Second Judicial Department

M157699

S/mv

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-06642, 2012-11252 Anne Bryant, plaintiff-appellant, v Broadcast Music, Inc., et al., respondents; Johnson & Johnson, LLP, et al., nonparty-appellants. (Action No. 1) Anne Bryant, plaintiff-appellant, v Sunbow Productions, Inc., respondent; Johnson & Johnson, LLP, et al., nonparty-appellants. (Action No. 2) (Appeal No. 1) Anne Bryant, plaintiff, v Broadcast Music, Inc., et al., respondents; Johnson & Johnson, LLP, et al., nonparty-appellants. (Action No. 1) Anne Bryant, plaintiff, v Sunbow Productions, Inc., respondent; Johnson & Johnson, LLP, et al., nonparty- appellants. (Action No. 2) (Appeal No. 2) (Index Nos. 00-5192 and 02-2821)

DECISION & ORDER ON MOTION

2013-00012

Anne Bryant, plaintiff, v Broadcast

Music, Inc., et al., defendants.

(Action No. 1)

Anne Bryant, appellant, v Sunbow

Productions, Inc., respondent.

(Action No. 2)

(Appeal No. 3)

(Index Nos. 00-5192 and 02-2821)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated May 23, 2013, in the above-entitled appeals is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by Sunbow Productions, Inc., on appeals from two orders of the Supreme Court, Rockland County, dated June 5, 2012, and October 3, 2012, respectively, for leave to serve and file a supplemental record containing an order of the same court also dated October 3, 2012. Application by Sunbow Productions, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeal by Anne Bryant from the order dated October 3, 2013, under Appellate Division Docket No. 2013-00012, is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that on the Court's own motion, pages 342 through 506 of the joint record on appeal are stricken, and the following material is stricken from the brief of the nonparty-appellants Johnson & Johnson, LLP, Neville L. Johnson, and John D. Fowler: Page 7, starting with the words "At the November 15th hearing," through the end of that paragraph; and it is further,

ORDERED that on or before July 1, 2013, the nonparty-appellants shall remove pages 342 through 506 of the copies of the joint record on appeal on file with the Clerk of this Court or serve and file a replacement joint record on appeal which does not contain those pages, and the nonparty-appellants Johnson & Johnson, LLP, Neville L. Johnson, and John D. Fowler shall delete the above-referenced material from the copies of their brief on file with the Clerk of this Court, or serve and file a replacement brief which does not refer to that material; and it is further,

ORDERED that the application is granted and the time of Sunbow Productions, Inc., to serve and file a brief is enlarged until July 8, 2013, and brief of Sunbow Productions, Inc., must be served and filed on or before that date.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court