| Matter of Prospect Heights Housing Development Fund Corp. |
| Motion No: 2005-10749 |
| Slip Opinion No: 2006 NYSlipOp 75293(U) |
| Decided on September 12, 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
M44185
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2005-10749 In the Matter of Prospect Heights Housing Development Fund Corp. Denise Caldwell Taylor, et al., appellants; Sela Lincoln Realty Corp., et al., respondents. (Index No. 8883/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent Sela Lincoln Realty Corp., inter alia, to dismiss appeals from an order of the Supreme Court, Kings County, dated October 6, 2005, on the ground that the record is incomplete and contains material dehors the record, or, in effect, to direct the appellants to correct the record, and to enlarge the time to serve and file a brief. Cross motion by the appellants Denise Taylor and Linda Caldwell for costs and an attorney's fee on the ground that the motion by the respondent Sela Lincoln Realty Corp. is frivolous.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals, or, in effect, to direct the appellants to correct the record is granted to the extent that the record on appeal and the appellants' respective briefs are stricken; on or before October 11, 2006, the appellants shall serve and file a new record on appeal which (1) includes the exhibits listed in paragraph 11 of the affirmation of Thomas G. Sherwood dated July 25, 2006, and (2) omits the material listed in paragraph 21 of that affirmation, with the exception of items "z," "aa," "bb," "cc," and "dd," and shall serve and file new briefs which do not refer to the material dehors the record, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondents to serve and file a brief is granted; the time of the respondents to serve and file their respective briefs is enlarged until November 13, 2006; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
FLORIO, J.P., KRAUSMAN, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court