Appellate Division: Second Judicial Department

M174976

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

COLLEEN D. DUFFY, JJ.

2013-05491 Mary Trent, et al., plaintiffs-respondents, v Michelle Jackson, et al., defendants-resp John Maynes, et al., nonparty-appellants. (Index No. 22662/11)

DECISION & ORDER ON MOTION ondents;

Motion by the plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 1, 2013, on the ground that the record is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the defendants-respondents to direct the nonparty-appellants to correct the record, to enlarge the time to serve and file a brief, and for an award of costs.

Upon the papers filed in support of the plaintiffs-respondents' motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the defendants-respondents' motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the plaintiffs-respondents' motion which is to dismiss the appeal and the branch of the defendants-respondents' motion which is to direct the nonparty-appellants to correct the record are granted to the extent that on or before June 17, 2014, the nonparty-appellants shall either replace pages 7 through 9 contained in the copies of the record filed with the Clerk of the Court with the order to show cause dated October 14, 2011, or serve and file a replacement record that contains the order to show cause dated October 14, 2011, in place of pages 7 through 9 of the present record, and those branches of the motion are otherwise denied; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file briefs are granted, the plaintiffs-respondents' and the defendants-respondents' time to serve and file their respective briefs is enlarged until July 17, 2014, and the plaintiffs-respondents' and the defendants-respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the branch of the defendants-respondents' motion which is for an award of costs is denied.

ENG, P.J., LEVENTHAL, LOTT and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court