Opinion
Motion No: 516728
07-18-2013
MARITA E. HYMAN, Respondent, v. ARTHUR SCHWARTZ et al., Appellants, et al., Defendants.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal.
Motion to amend record.
Motion for reconsideration.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further
ORDERED that the motion to amend the record is granted, without costs, to the extent that appellants shall file and serve a supplemental record on appeal on or before August 2, 2013, which shall include the following: the correspondence referred to by Supreme Court in its order dated December 20, 2012 as being dated "August 24, 2012; September 7, 2012; September 15, 2012; October 8, 2012 (two), and; October 10, 2012," and it is further
ORDERED that the motion for reconsideration is granted, without costs, to the extent that time to file and serve the responding brief is extended to 45 days from the date of service of the supplemental record on appeal.
PETERS, P.J., LAHTINEN, SPAIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court