Appellate Division: Second Judicial Department

M59050

E/cb

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

MARK C. DILLON, JJ.

2006-09350, 2007-02680 Raymond Holmes, Sr., et al., appellants, v Incorporated Village of Piermont, et al., respondents. (Index No. 00-3089)

DECISION & ORDER ON MOTION

Separate motions by the respondent Incorporated Village of Piermont and the respondent Town of Orangetown on appeals from two judgments of the Supreme Court, Rockland County, entered August 31, 2006, and September 7, 2006, respectively, to strike the appellants' appendix as inadequate.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted and the appellants' appendix is stricken; and it is further,

ORDERED that on the court's own motion, the appellants' brief is stricken for failure to file a brief that complies with the rules of the court (see 22 NYCRR 670.10.3[g][2][iv]); and it is further,

ORDERED that on or before September 28, 2007, the appellants shall serve and file a replacement appendix and brief that complies with the rules of the court (see 22 NYCRR 670.10.3 et seq.) and which contains the motion papers submitted by the parties that resulted in the judgments entered August 31, 2006, and September 7, 2006.

MILLER, J.P., SANTUCCI, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court