Appellate Division: Second Judicial Department

M185343

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2013-01832, 2013-03441, 2013-10614, 2013-10615 Stephen Katz, et al., appellants-respondents, v Barry Beil, et al., defendants, Finkle Ross & Rost, LLP, et al., respondents- appellants. (Appeal Nos. 1, 2) Stephen Katz, et al., appellants, v Barry Beil, et al., respondents. (Appeal Nos. 3, 4) Stephen Katz, et al., appellants-respondents, v Barry Beil, et al., respondents-appellants, Finkle Ross & Rost, LLP, et al., respondents. (Appeal No. 5) (Index No. 600510/11)

DECISION & ORDER ON MOTION

Motion by the appellants/appellants-respondents for leave to serve and file a replacement joint record on appeals and cross appeals from two orders of the Supreme Court, Nassau County, entered January 11, 2013, and February 28, 2013, respectively, and a replacement record on appeals from two orders of the same court entered October 23, 2013, and November 4, 2013, respectively, containing certain material under seal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the joint record filed in connection with the appeals and cross appeals from the orders entered January 11, 2013, and February 28, 2013, is stricken and on or before February 16, 2015, the movants shall serve and file a replacement joint record consisting of one volume which contains unsealed material, and serve and file, under seal, a second volume, which contains the material that was sealed by the Supreme Court, Nassau County, for in camera review by the panel of Justices hearing the appeal and cross appeal, and that second volume of the joint record shall remain sealed upon filing; and it is further,

ORDERED that the record filed in connection with the appeals from the orders entered October 23, 2013, and November 4, 2013, is stricken and on or before February 16, 2015, the movants shall serve and file a replacement record consisting of one volume which contains unsealed material, and serve and file, under seal, a second volume, which contains the material that was sealed by the Supreme Court, Nassau County, for in camera review by the panel of Justices hearing the appeal, and that second volume of the record shall remain sealed upon filing.

DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court