Appellate Division: Second Judicial Department

M184261

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, 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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 25, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellants on an appeal from an interlocutory judgment of the Supreme Court, Kings County, dated July 25, 2012, 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, inter alia, the transcript of a hearing which occurred on March 23, 2010.

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

ORDERED that on the Court's own motion, the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the proceedings which occurred on March 23, 2010, in the above-entitled action, and the appellants shall immediately advise this Court when the reconstruction hearing is completed or if reconstruction cannot be accomplished; and it is further,

ORDERED that the motion is granted to the extent that the appellants' 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 is extended until 30 days after the completion of the reconstruction hearing.

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

ENTER:

Aprilanne Agostino

Clerk of the Court