Willis v City of New York
Motion No: 2012-08420
Slip Opinion No: 2013 NY Slip Op 83303(U)
Decided on August 26, 2013
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M161235

S/sl

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" Sull 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. By decision and order on motion dated July 22, 2013, the branch of the motion which was to direct the appellants to file a supplemental record containing the affirmations of Daniel Hirschel dated April 3, 2012, and the affirmation of Nicole D. Katsorhis dated April 9, 2012, was 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, and the branch of the motion which is to enlarge the time to serve and file a brief was held in abeyance in the interim. The Supreme Court, Queens County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, 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 granted, and on or before September 11, 2013, the appellants shall serve and 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 it is further,

ORDERED that the movants' time to serve and file a brief is enlarged until September 25, 2013, and the movants' brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court