Appellate Division: Second Judicial Department

M47768

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-00116 In the Matter of Marie Rendely, petitioner- respondent, v Town of Huntington, et al., appellants, et al., respondents. (Index No. 24640-02)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 1, 2005, on the ground that the record is inadequate 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 dismiss the appeal on the ground that the record is inadequate is granted to the extent that on or before December 18, 2006, the appellants are directed to replace pages 89, 311, 312, and 315 of the record on appeal with complete copies of the documents contained on those pages and replace pages 227 and 291 with copies that contain yellow highlighting, 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 petitioner-respondent's time to serve and file a brief is granted, the petitioner-respondent's time to serve and file a brief is enlarged until January 17, 2007, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court