Appellate Division: Second Judicial Department

M256659

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-06803 Luciano Bonanni, et al., respondents-appellants, v Horizons Investors Corp., appellants-respondents, Allan Hausknecht, etc., respondent, et al., defendants (Index No. 17029/05)

DECISION & ORDER ON MOTION .

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 10, 2017, to dismiss the cross appeal for failure to pay a one-half share of the joint record and to enlarge the time to serve and file a reply brief. Separate motion by the respondents-appellants for leave to serve and file a supplemental record containing certain documents, to correct the joint record, and to enlarge the time to serve and file a reply brief. Separate motion by the respondents-appellants, in effect, to enlarge record to contain an order of the Supreme Court, Suffolk County, dated September 19, 2018, and for leave to serve and file a supplemental brief containing arguments regarding that order. Application by the appellants-respondents to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motions 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 appellants-respondents' motion which is to dismiss the cross appeal for failure to pay a one-half share of the joint record is denied on condition that on or before November 26, 2018, the respondents-appellants pay the sum of $23,932.64 to the appellants-respondents and file proof of payment with this Court; and it is further,

ORDERED that the branch of the appellants-respondents' motion which is to enlarge the time to serve and file a reply brief and the application for that relief are granted, the appellants-respondents' time to serve and file a reply brief is enlarged until December 26, 2018, and the appellants-respondents' reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the respondents-appellants' motion which is for leave to serve and file a supplemental record containing certain documents is granted to the extent that on or before November 26, 2018, the respondents-appellants shall serve and file a supplemental record containing the documents annexed to the affirmation of Laurence Shiff dated September 5, 2018, as Exhibits A, H, J, K, and L, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the respondents-appellants' motion which is to correct the joint record is granted to the extent that on or before November 26, 2018, the appellants-respondents shall remove pages 4028 through 4047, 4122 through 4124, 6311 through 6317, 6319 through 6323, 6346 through 6350, 6666, 6667, and 6374 from the copies of the record filed with the Clerk of the Court, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the respondents-appellants' motion which is to enlarge the time to serve and file a reply brief is denied as premature; and it is further,

ORDERED that the respondents-appellants' motion, in effect, to enlarge record to include an order of the Supreme Court, Suffolk County, dated September 19, 2018, and for leave to serve and file a supplemental brief containing arguments regarding that order is denied.

BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court