IN THE MATTER OF CHARLES GUTTMAN AND SHIRLEY LADD, V COVERT TOWN BOARD PAUL MIKESKA AND HEIDI MIKESKA, .
Motion No: CA 20-01094
Slip Opinion No: 2022 NY Slip Op 67507(U)
Decided on June 13, 2022
Appellate Division, Fourth 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.


June 13, 2022

PRESENT: SMITH, J.P., LINDLEY, NEMOYER, AND WINSLOW, JJ.

CA 20-01094

IN THE MATTER OF CHARLES GUTTMAN AND SHIRLEY LADD,

PETITIONERS-APPELLANTS-RESPONDENTS,

V

COVERT TOWN BOARD, RESPONDENT-RESPONDENT,

PAUL MIKESKA AND HEIDI MIKESKA,

RESPONDENTS-RESPONDENTS-APPELLANTS.



Petitioners having moved to compel respondent to comply with prior orders of this Court and to impose costs and sanctions on respondent, on the appeals taken herein from a decision and order of the Supreme Court, Seneca County, entered May 15, 2020, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that respondent shall submit to this Court the certified records of the proceedings that took place subsequent to this Court's August 26, 2021 order on or before July 1, 2022, and

It is further ORDERED that if the record of proceedings is not produced to this Court on or before July 1, 2022, then the motion insofar as it seeks sanctions, costs, fees, and disbursements is granted and the matter is remitted to Supreme Court to determine the amounts.

Entered: June 13, 2022

Ann Dillon Flynn

Clerk of the Court