Appellate Division: Second Judicial Department

M166095

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-08916 Michael Naughton, etc., et al., appellants, v Duval H. Naughton, Jr., et al., respondents. (Index No. 35280/07)

DECISION & ORDER ON MOTION

Motion by the respondent Countrywide Home Loans, Inc., to dismiss an appeal from an interlocutory judgment of the Supreme Court, Kings County, dated July 25, 2012, on the grounds that the appellants are not aggrieved and that the appellants improperly seek to appeal from an order of the same court dated December 22, 2009, or, in the alternative, to strike stated portions of the record and for leave to serve and file a supplemental record. Separate motion by the respondent Duval H. Naughton, Jr., to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Separate applications by the respondent Countrywide Home Loans, Inc., and the respondent Duval H. Naughton, Jr., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the respondent Countrywide Home Loans, Inc., which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by the respondent Countrywide Home Loans, Inc., is otherwise denied; and it is further,

ORDERED that the branch of the motion by the respondent Duval H. Naughton, Jr., which is to dismiss the appeal is granted to the extent that on or before January 2, 2014, the appellants shall serve and file a supplemental record containing the transcript of a hearing which occurred on March 23, 2010, March 25, 2010, and April 15, 2012, and the exhibits admitted into evidence at that hearing, as well as the material listed on pages 24 and 25 of the affirmation of Ian Anderson dated September 16, 2013, filed in support of the motion, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion by the respondent Duval H. Naughton, Jr., to enlarge the time to serve and file his brief and the applications are granted, the respondents' time to serve and file their respective briefs is enlarged until February 3, 2014, and the respondents' briefs must be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court