PRESENT: SCUDDER, P. J., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

DOCKET NO. CA 14-00375

TERENCE WINTERS AND MAUREEN WINTERS, PLAINTIFFS-APPELLANTS, V UNILAND DEVELOPMENT CORPORATION, UNILAND CONSTRUCTION CORPORATION AND COZZWILL INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Appellants having moved to strike the appendix to the respondents' brief filed by Uniland Development Corporation and Uniland Construction Corporation on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 24, 2013,

Now, upon reading and filing the affirmations of Debra A. Norton, Esq., dated July 10, 2014, and July 11, 2014, the notice of motion with proof of service thereof, and the affirmation of H. Ward Hamlin, Jr., Esq., dated July 11, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to strike the appendix to respondents Uniland Development Corporation and Uniland Construction Corporation's brief, and

It is further ORDERED that appellant's statement in lieu of stenographic transcript is stricken, and the appeal is dismissed pursuant to this Court's order entered May 19, 2014, unless appellants file and serve on or before October 6, 2014, eleven copies of a statement in lieu of stenographic transcript that has been finalized pursuant to the procedure set forth in CPLR 5525 (d) (see 22 NYCRR 1000.3 [a], [b]).

Entered: August 22, 2014

Frances E. Cafarell, Clerk