| Naughton v Naughton |
| Motion No: 2012-08916 |
| Slip Opinion No: 2016 NY Slip Op 63191(U) |
| Decided on February 4, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M205781
S/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 |
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. By decision and order on motion of this Court dated December 12, 2014, the matter was 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' time to comply with so much of the 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 was extended until 30 days after the completion of the reconstruction hearing.
The Supreme Court, Kings County, has filed a report that it is unable to reconstruct the subject proceedings.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is
ORDERED that so much of the decision and order on motion of this Court dated December 12, 2014, as enlarged the appellants' time to comply with so much of the decision and order on motion of this Court dated December 5, 2013, as amended December 23, 2013, as directed them to file a supplemental record is recalled and vacated and the appellants' motion to enlarge their time to comply with so much of the decision and order on motion of this Court dated December 5, 2013, as amended December 23, 2013, as directed them to file a supplemental record is denied as academic; and it is further,
ORDERED that the respondents' time to serve and file their respective briefs is enlarged until March 2, 2016, and the respondents' briefs shall be served and filed on or before that date.
DILLON, J.P., HALL, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court