Appellate Division: Second Judicial Department

M194311

E/sl

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2014-10634 Peter Hoffmann, et al., respondents, v Daniel Delbeau, et al., appellants. (Index No. 15904/13)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered September 18, 2014, inter alia, to direct the appellants to correct the record on appeal and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to correct the record is granted to the extent that, on or before October 15, 2015, the appellant shall, after examining the documents contained in the original record, and not a scanned copy of the original record, on file with the clerk of the Supreme Court, Queens County, either (1) correct the record by adding a copy of the verified bill of particulars, replacing the copies of the deed on pages 58 and 59 and the survey on page 61 of the record with accurate copies of those documents, and replacing the black and white photographs on pages 67, 69, and 70 of the record with color copies of those photographs, or (2) serve and file a replacement record which contains true and complete copies of the documents contained in the original record, and not a scanned copy of the original record, on file with the clerk of the Supreme Court, Queens County; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is enlarged until November 19, 2015, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court