| Bonanno v Flanagan |
| Motion No: 2015-04232 |
| Slip Opinion No: 2016 NY Slip Op 67736(U) |
| Decided on March 21, 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
M208455
E/sl
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2015-04232 Maria Philips Bonanno, et al., respondents, v John P. Flanagan, et al., appellants. (Index No. 7489/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an interlocutory judgment of the Supreme Court, Suffolk County, dated February 27, 2015, on the ground that the transcript contained in the record on appeal was not settled and the record on the appeal omits certain trial exhibits. Cross motion by the appellants for leave to serve and file a supplemental record containing an affirmation pursuant to CPLR 5525 and 22 NYCRR 670.10.2(5), as well as three trial exhibits. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the transcript contained in the record on appeal was not settled is denied on condition that on or before April 20, 2016, the appellants properly settle the transcript in accordance with CPLR 5525 and serve and file a supplemental record containing an errata sheet or an affirmation of compliance pursuant to CPLR 5525; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record on appeal omits certain trial exhibits is denied on condition that on or before April 20, 2016, the appellants serve and file a supplemental record containing the exhibits marked at trial as Plaintiffs' Exhibit 47, Plaintiffs' Exhibit 48, and Defendants' Exhibit R; and it is further,
ORDERED that the cross motion is granted to the extent set forth above and is otherwise denied; and it is further,
ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until May 20, 2016, and the respondents' brief must be served and filed on or before that date.
CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court