Appellate Division: Second Judicial Department

M67933

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-03117, 2007-11316 In the Matter of Todd Burgess, appellant, v County of Suffolk, et al., respondents. 2007-11173 Todd Burgess, appellant, v County of Suffolk, et al., respondents. (Index Nos. 15291-06, 6044-07)

DECISION & ORDER ON MOTION

Motion by the respondent Town of Babylon, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 23, 2006 (Appellate Division Docket No. 2007-03117), or to strike the record on appeal on the ground that the record on appeal improperly contains papers pertaining to appeals from two orders of the same court dated September 27, 2007, and September 28, 2007, respectively (Appellate Division Docket Nos. 2007-11316 and 2007-11173, respectively). Motion by the respondent Village of Farmingdale to dismiss the appeal or strike the record on appeal on the same grounds.

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

ORDERED that the motions are granted to the extent that the record and the appellant's brief are stricken and on or before April 22, 2008, the appellant shall serve and file a proper record and brief perfecting the appeals from the orders dated October 23, 2006, and September 27, 2007 (Appellate Division Docket Nos. 2007-03117, 2007-11316), respectively, and the motions are otherwise denied; and it is further,

ORDERED that on the court's own motion, the brief of the respondent Village of Farmingdale is stricken and the respondents shall serve and file their briefs in accordance with the rules of the court (see 22 NYCRR 670.8[b]).

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court