Motion List released on: August 2, 2019
By Balkin, J.P.; Roman, Cohen and Maltese, JJ. Pacific Carlton Development Corp. ap, v. New York State Urban Development, res — Motion by the respondent on appeals from a judgment of the Supreme Court, Kings County, dated December 13, 2017, and an amended judgment of the same court dated January 31, 2019, inter alia, to dismiss the appeal from the judgment on the ground that it was superseded by the amended judgment or, in the alternative, to extend the time to serve and file a brief in connection with the appeal from the judgment. Upon the papers filed in support of the motion and the papers filed in relation thereto, it is ORDERED that on the Court’s own motion, the appeals are consolidated, the appellants’ brief filed in connection with the appeal from the judgment is stricken, the record filed in connection with the appeal from the judgment is also deemed to be filed in connection with the appeal from the amended judgment, and on or before September 3, 2019, the appellants shall serve and file a brief on the appeals, correct the covers of the copies of the record filed with the Clerk of the Court by adding Appellate Division Docket No. 2019-04529, remove pages 52, 2999 through 3000, 3013, 3020, 3024, 3028 through 3032, 3037, 3042, 3044, 3054 through 3055, 3073 through 3075, 3077 through 3078, 3101, 3110, 3119, 3126, 3130 through 3132, 3193 through 3195, 3197 through 3198, 3200 through 3201, 3219 through 3221, 3223, 3227.4, 3227.15, 3227.73 through 3227.77, 3285, 3363, 4003, 4009 through 4010, 4014 through 4015, 4144, 4158 through 4160, 4163 through 4166, 4170 through 4171, 4178 through 4180, 4184 through 4188, 4192 through 4193, 4201, 4217 through 4220, 4249 through 4251, 4253, 4524 through 4574, 4897 through 4903, 4905, 4907 through 4908, 4913, 4915 through 4916, 4918, 4923, 4937, 4993, and 5000 from the copies of the record filed with the Clerk of the Court, file a digital copy of the record that contains the corrected cover and does not contain the material which was removed from the record, and serve and file a supplemental record that contains the amended judgment, the notice of appeal from the amended judgment, Exhibits B, D, E, F, G, H, and I of the respondent’s motion to preclude trade fixture appraisal and any related testimony in the underlying action, Exhibit L annexed to the respondent’s opposition papers to the appellants’ motion for amended findings and a new trial in the underlying action, the note of issue in the above-entitled action dated July 29, 2015, the transcript of a hearing which occurred on February 22, 2018, the decision of the Supreme Court, Kings County, dated March 19, 2018, concerning that hearing, the appellants’ trial Exhibits 2, 5, 8, 23, 27, and 28, color copies of pages 11, 90, 99, 108, and 117 of the appellants’ trial Exhibit 9, the respondent’s trial Exhibits D, Q, R, Z, a color copy of the respondent’s trial Exhibit ZZ, and copies of the documents annexed to the motion papers as Exhibit P that do not contain handwritten notations; and it is further, ORDERED that the branch of the motion which is to dismiss the appeal from the judgment on the ground that the judgment was superseded by the amended judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent’s time to serve and file a brief is extended until October 3, 2019, and the respondent’s brief shall be served and filed on or before that date; and it is further, ORDERED that the motion is otherwise denied as academic. BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
