The following papers were read on Claimants' application to settle the
transcript pursuant to CPLR 5525:
1) Notice of Motion and Supporting Affidavit of Josephine Drakeford filed
March 3, 2004 (Drakeford Affidavit) with annexed "Exhibits";
2) Opposition Papers: None.
Claimants, after unsuccessfully attempting to settle the transcript with the
Defendant, bring the instant application to settle the transcript. This matter
was referred to the undersigned as the trial judge, the Hon. Susan Phillips
Read, was appointed to the Court of Appeals in January 2003.
CPLR 5525 provides the mechanism by which the transcript may be settled.
Here, by Decision and Order of the Appellate Division, Second Department, dated
December 11, 2003, Claimants were directed to settle the transcript on or before
February 2, 2004 and to perfect their appeal on or before March 1, 2004 (see
Drakeford Affidavit, "Exhibits").
The Court has not been advised that Claimants have been granted an extension of
the time limits set forth by the Appellate Division. As such, this application,
which was filed beyond either of the time periods dictated by the Appellate
Division, would appear to be moot.
However, an appellant is entitled to have the transcript settled (see
Wahrhaftig v Space Design Group, Inc., 28 AD2d 940). Upon review of the
submissions, the Court adopts only those amendments agreed to by the parties; to
wit, that the caption conform to that contained on the decision and order (the
Court presumes this to include the full name of the second Claimant instead of
the "& ANO" on the transcript title page) and that the transcript, on pages
3 and 44, reflect the correct spelling of "Mr. Dertinger".
Accordingly, Claimants are directed to make the corrections set forth above to
the original transcript and the parties are directed to certify same in
accordance with CPLR 5525(c).
Claimants' motion is hereby Granted in part and denied in part consistent with