Appellate Division: Second Judicial Department

M206608

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-00878 Elemer Gall, etc., respondent, v Frances Colon-Sylvain, et al., defendants, David M. Fish, et al., appellants. (Index No. 6536/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Nassau County, dated November 3, 2014, on the ground that the "2015 amended 2006 Title Report" contained in the joint appendix is altered from the original that was submitted to the Supreme Court at trial, or, in the alternative, to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated December 8, 2015, the matter was remitted to the Supreme Court, Nassau County, to report on whether the "2015 amended 2006 Title Report" contained in the joint appendix was altered from the original that was submitted to the Supreme Court at trial, and the respondent's motion was held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Nassau County, dated February 2, 2016, it is

ORDERED that the branch of the motion which is to dismiss the appeals is denied on condition that on or before March 4, 2016, the appellants replace page A421 in the copies of the appendix filed with the Clerk of the Court with a page containing a copy of the subject document in the form submitted to the Supreme Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 4, 2016, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court