Appellate Division: Second Judicial Department

M60498

E/nl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-08260 In the Matter of Owens Road Associates, LLC, et al., appellants, v Town Board of Town of Goshen, et al., respondents. (Index No. 6963/04)

DECISION & ORDER ON MOTION

Appeal by the petitioners from an order of the Supreme Court, Orange County, dated August 3, 2005. The appeal was perfected on April 13, 2006, the respondents filed their brief on May 16, 2006, and the appellants filed a reply brief on May 30, 2006. On January 12, 2007, the attorney for the appellants was advised that the order was not appealable as of right (see CPLR 5701[b][1]), and that a supplemental record containing the judgment entered in the proceeding should be filed with this court. Personnel of this court made follow-up contacts with the appellants' attorney on February 26, 2007, and June 19, 2007. The appellants have not filed the supplemental record containing the judgment. By order to show cause dated July 27, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the order dated August 3, 2005, is not appealable as of right and the appellants failed to file a supplemental record containing the judgment.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied on condition that on or before October 9, 2007, the appellants serve and file a supplemental record containing a judgment in the above-entitled proceeding, which complies with the rules of the court (see 22 NYCRR 670.10.1, 670.10.2).

SCHMIDT, J.P., SANTUCCI, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court