| Mackie v Martucci |
| Motion No: 2006-00852 |
| Slip Opinion No: 2006 NYSlipOp 74719(U) |
| Decided on August 30, 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. |
Appellate Division: Second Judicial Department
M43865
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2006-00852 Robert Mackie, plaintiff-appellant, v Frank Martucci, et al., respondents; Katherine Mackie, counterclaim defendant- appellant. (Index No. 04-3769)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 14, 2005, on the ground that the record is inadequate. Application by the respondents to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before September 21, 2006, the appellants shall:
(1) serve and file a supplemental record containing Exhibit A to the affidavit of Brian Bento, dated May 31, 2005;
(2) replace the black and white photographs on pages R.513 and R.514 of the record on appeal with color photographs;
(3) cause to be filed with the Clerk of this court in their original size, copies of (a) survey of property prepared for Joan Blondell dated July 5, 1950, (b) survey of Parcel "C" prepared for the appellants dated February 22, 1999, (c) vicinity plan for proposed two-lot subdivision, dated July 30, 1999, (d) proposed two-lot subdivision plan reproduced at page R.139 of the record on appeal, and (e) ariel photograph that is reproduced on page R.515 of the record; and
(4) mark the photograph on page R.92 of all copies of the record on appeal on file with this court with yellow highlighter similar to markings in Exhibit L of David S. J. Neufeld's affidavit in support of the instant motion dated July 26, 2006;
and it is further,
ORDERED that the motion is otherwise denied.
ORDERED that the application is denied as unnecessary as the respondents timely filed their brief.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court