Appellate Division: Second Judicial Department

M58487

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2006-10166 In the Matter of Land Master Montg I, LLC, et al., respondents-appellants, Orange County Housing Consortium, petitioner-respondent, v Town of Montgomery, et al., appellants- respondents. (Action No. 1) (Index No. 04-8125) In the Matter of Roswind Farmland Corp., et al., respondents, v Town of Montgomery, et al., appellants. (Action No. 2) (Index No. 04-8126)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents in Action No. 1 and the appellants in Action No. 2 on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated September 18, 2006, inter alia, in effect, for leave to file a supplemental record on appeal containing page 19 of the order dated September 18, 2006.

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, in effect, for leave to file a supplemental record on appeal containing page 19 of the order dated September 18, 2006, is granted, and on or before August 27, 2007, the appellants-respondents in Action No. 1 and the appellants in Action No. 2 shall serve and file the supplemental record on appeal containing page 19 of the order dated September 18, 2006; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the time of the appellants-respondents in Action No. 1 and the appellants in Action No. 2 to serve and file a reply brief is enlarged until September 13, 2007, and the reply brief must be served and filed on or before that date.

CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court