Appellate Division: Second Judicial Department

M169566

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, 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 appellants on an appeal from an interlocutory judgment of the Supreme Court, Kings County, dated July 25, 2012, (1) to extend their time to comply with so much of a decision and order on motion of this Court dated December 5, 2013, as amended December 23, 2013, as directed them to serve and file a supplemental record containing the transcript of a hearing which occurred on March 23, 2010, March 25, 2010, and April 15, 2010, and the exhibits admitted into evidence at that hearing, as well as the material listed in paragraphs 24 and 25 of the affirmation of Ian Anderson dated September 16, 2013, filed in support of the motion, (2) to direct Yvette A. Dudley, their former counsel, to turn over her file to them for copying, and (3) to direct the respondents to turn over material in their possession which is to be included in the supplemental record.

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

ORDERED that the branch of the motion which is to extend the appellants' time to comply with so much of the decision and order on motion of this Court dated December 5, 2013, as amended December 23, 2013, as directed them to serve and file a supplemental record is granted, and on or before April 15, 2014, the appellants shall serve and file the supplemental record containing the transcript of the hearing which occurred on March 23, 2010, March 25, 2010, and April 15, 2010, and the exhibits admitted into evidence at that hearing, as well as the material listed in paragraphs 24 and 25 of the affirmation of Ian Anderson dated September 16, 2013, filed in support of the motion; and it is further,

ORDERED that on or before March 7, 2014, the appellants must advise the Court, in writing, (1) that the transcripts for March 23, 2010, and March 25, 2010, have been ordered and paid for, and the date that the transcripts are expected, and (2) whether the minutes of the proceedings on April 15, 2010, have been located; if those minutes are unavailable, on or before April 1, 2014, the appellants must make a motion to reconstruct those minutes; and it is further,

ORDERED that the branch of the motion which is to direct Yvette A. Dudley, the appellants' former counsel, to turn over her file to them for copying is dismissed as Yvette A. Dudley was not served with the motion; and it is further,

ORDERED that the branch of the motion which is to direct the respondents to turn over material in their possession is denied as unnecessary as that material should be in the original papers on file in the Supreme Court, Kings County; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file their respective briefs is enlarged until May 15, 2014, and the respondents' briefs, if any, must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court