Appellate Division: Second Judicial Department

M56105

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-12022 In the Matter of Brian Santora, et al., appellants, v Town of Poughkeepsie Zoning Board of Appeals, et al., respondents, Oakwood Partners, LLC, respondent-respondent. (Index No. 4260/06)

DECISION & ORDER ON MOTION

Motion by the respondent Oakwood Partners, LLC, to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 30, 2006, on the ground that the appellants' appendix is inadequate, to direct the appellants to correct the attorney's statement pursuant to CPLR 2105, and the covers of the records and briefs to reflect that the action is venued in Dutchess County and not Westchester County, 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 appendix is inadequate is denied (see CPLR 5528[b]); and it is further,

ORDERED that the branches of the motion which are to direct the appellants to correct the attorney's statement pursuant to CPLR 2105, and the covers of the records and briefs to reflect that the action is venued in Dutchess County and not Westchester County are granted, and on or before July 18, 2007, the appellants shall file a new statement pursuant to CPLR 2105 and correct the records and briefs on file with the Clerk of the court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent Oakwood Partners, LLC's time to serve and file a brief is enlarged until July 18, 2007, and the respondent Oakwood Partners, LLC's brief must be served and filed on or before that date.

MILLER, J.P., GOLDSTEIN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court