EUGENE LAUN, JR., INDIVIDUALLY, AND DERIVATIVELY ON BEHALF OF 5 & 20 MARINE, LLC, V JOHN STEWART, ROBERT STIVERS AND
Motion No: CA 25-00732
Slip Opinion No: 2025 NY Slip Op 83562(U)
Decided on December 29, 2025
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.


December 29, 2025

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, GREENWOOD, AND HANNAH, JJ.

CA 25-00732

EUGENE LAUN, JR., INDIVIDUALLY, AND DERIVATIVELY ON BEHALF OF 5 & 20 MARINE, LLC, PLAINTIFF-APPELLANT-RESPONDENT,

V

JOHN STEWART, ROBERT STIVERS AND DONNA STIVERS, DEFENDANTS-RESPONDENTS-APPELLANTS.


Plaintiff-appellant-respondent (plaintiff) having moved for permission to file an oversized reply brief containing 7,132 words on the appeal taken herein from an order of the Supreme Court, Seneca County, dated October 9, 2024, 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 insofar as it seeks leave to file the proposed oversized reply brief containing 7,132 words is granted, and that brief shall be filed and served, in accordance with this Court's rules, on or before January 2, 2026, and

It is further ORDERED that defendants-respondents-appellants' reply briefs shall be filed and served on or before January 12, 2026, and

It is further ORDERED that the motion insofar as it seeks to adjourn oral argument is denied.

Entered: December 29, 2025

Ann Dillon Flynn

Clerk of the Court