Appellate Division: Second Judicial Department

M159683

E/nl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2012-08420 Dorothy Jeanine Willis, et al., appellants, v City of New York, et al., respondents, et al., defendants. (Index No. 30136/03)

DECISION & ORDER ON MOTION

Motion by the respondents Diana Sull and "Jane" Shull on an appeal from an order of the Supreme Court, Queens County, dated June 14, 2012, inter alia, to direct the appellants to file a supplemental record containing the affirmation of Daniel Hirschel dated April 3, 2012, and the affirmation of Nicole D. Katsorhis dated April 9, 2012, to strike stated pages from the record on appeal, and to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the motion which are to direct the appellants to file a supplemental record containing the affirmation of Daniel Hirschel dated April 3, 2012, and affirmation of Nicole D. Katsorhis dated April 9, 2012, and to enlarge the movants' time to serve and file a brief are held in abeyance and the matter is remitted to the Supreme Court, Queens County, to report on whether the court considered those affirmations in determining the motion and cross motion that resulted in the order dated June 14, 2012; the Supreme Court, Queens County, shall file its report with all convenient speed; and it is further,

ORDERED that the branch of the motion which is to strike stated pages from the record on appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court