Matter of Serdarevic v Town of Goshen
Motion No: 2005-11897
Slip Opinion No: 2006 NYSlipOp 70624(U)
Decided on June 20, 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

M41099

C/sl

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-11897

In the Matter of Bosilijka Serdarevic, et al.,

petitioners, v Town of Goshen, et al., respondents.

(Index No. 7684/03)

DECISION & ORDER ON MOTION

Motion by the petitioners in a proceeding pursuant to EDPL 207 to strike stated portions of the record filed by the respondent, for leave to serve and file an appendix to their brief which includes documents missing from the record and clearer color photographs, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike stated portions of the record is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file an appendix to the petitioners' brief containing documents missing from the record and clearer color photographs is granted; the petitioners shall serve and file an appendix containing documents appended as Exhibit D to their motion papers missing from the record and clearer color photographs on or before July 20, 2006; and it is further,

ORDERED that the branch of the motion which is to enlarge the petitioners' time to serve and file a brief is granted; the petitioners shall serve and file a brief on or before July 20, 2006.

LUCIANO, J.P., RIVERA, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court