Holmes v Incorporated Village of Piermont
Motion No: 2006-09350
Slip Opinion No: 2007 NYSlipOp 86445(U)
Decided on December 14, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M63702

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, inter alia, to dismiss the appeals or strike the appellants' appendix and supplemental appendix as inadequate. Separate applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

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

ORDERED that the motions are denied without prejudice to the respondents filing an appendix (see CPLR 5528[b]); and it is further,

ORDERED that the applications are granted, the respondents' time to serve and file their briefs and appendices, if any, is enlarged until January 14, 2008, and the respondents' respective briefs must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court