Appellate Division: Second Judicial Department

M172163

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-06181 Michael P. DiRaimondo, et al., respondent v Rory Calhoun, et al., appellants. (Index No. 9378/12)

DECISION & ORDER ON MOTION s,

Motion by the respondents, inter alia, to direct the appellants to file a supplemental record on an appeal from an order of the Supreme Court, Nassau County, dated April 22, 2013, to strike Point V of the appellants' brief, and to enlarge the time to serve and file a brief. Application by the appellants to deem the record filed in connection with the appeal to be an appendix.

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

ORDERED that the application is granted, and on or before April 21, 2014, the appellants shall correct the covers of the copies of the record filed with the Clerk of the Court to reflect that it is an appendix and correct the CPLR 5531 statement to reflect that the appeal is being prosecuted on the appendix method, and subpoena the original papers from the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is to strike Point V of the appellants' brief is granted, Point V is stricken, and on or before April 21, 2014, the appellants shall remove the material comprising Point V from the copies of the appellants' brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until June 4, 2014, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court