Appellate Division: Second Judicial Department

M180560

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-01096 Matthew O'Neill, et al., appellants, v Vytautas Vebeliunas, et al., respondents. (Action No. 1) Gunnar S. Overstrom III, et al., respondents, v Daniel Lipman, et al., appellants. (Action No. 2) (Index Nos. 1317/04, 20015/08)

DECISION & ORDER ON MOTION

Motion by the respondents Gunnar S. Overstrom III and Claudia Taylor Overstrom, inter alia, to direct the appellants to serve and file a replacement record on appeals from a judgment of the Supreme Court, Nassau County, entered November 4, 2013, and to enlarge the respondents' time to serve and file their respective briefs. Separate applications by the respondents Gunnar S. Overstrom III and Claudia Taylor Overstrom and the respondent Vanda Vebeliunas 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 motion 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 which is to direct the appellants to serve and file a replacement record is granted, and on or before October 31, 2014, the appellants shall serve and file a replacement record that (1) identifies the excerpts of Daniel Lipman's and Melissa Lipman's respective deposition transcripts as trial exhibits, (2) identifies the exhibits currently listed as A through V as exhibits A-A through V-V, (3) places the document found on R. 361 within trial exhibit A-D, (4) omits the document contained on R. 489, (5) labels the document on R. 482 as A-X instead of A-Y, (6) identifies trial Exhibit A-Q in the table of contents as "Confirmation of Express Ratification of Mutual Lease and Easement Agreement," and (7) contains (A) the appellants' memorandum of law dated January 23, 2013, (B) the memorandum of law of the respondents dated February 21, 2013, (C) the parties' proposed findings of fact and conclusions of law, (D) the exhibits to the answer of the respondents Gunnar S. Overstrom III and Claudia Taylor Overstrom dated October 23, 2008, and (E) only those portions of the deposition transcript of Vanda Vebeliunas dated July 21, 2005, which were read into the record at the trial on December 12, 2012; and it is further,

ORDERED that on the Court's own motion, the appellants' brief is stricken, and on or before October 31, 2014, the appellants shall serve and file a replacement brief; and it is further,

ORDERED that the applications and the branch of the motion which is to enlarge the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is enlarged until December 1, 2014, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court