Matter of Clark v Town Board of the Town of Clarkstow
Motion No: 2005-04041 +1
Slip Opinion No: 2006 NYSlipOp 63306(U)
Decided on February 27, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36346

T/nal

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-04041, 2005-04042

In the Matter of Joseph Clark, appellant, v

Town Board of Town of Clarkstown, etc.,

et al., respondents.

(Index No. 6942/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Rockland County, dated March 17, 2005, and a judgment of the same court dated April 5, 2005, to strike the brief of the respondent Patricia Prendergast on the ground that it was untimely served, and to strike the brief of the respondent Town Board of the Town of Clarkstown on the ground that it was improperly served, or, in the alternative, to enlarge his time to serve and file a reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SCHMIDT, J.P., KRAUSMAN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court