Appellate Division: Second Judicial Department

M74434

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REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2007-09027 Lucille Downes, et al., respondents, v City of Mount Vernon, appellant. (Index No. 04-18749)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered August 17, 2007, on the ground that the record on appeal is inadequate. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the motion is denied on condition that on or before September 18, 2008, the appellant serve and file a supplemental record containing (1) the document entitled Amendments To Bill of Particulars, dated January 20, 2007, annexed as Exhibit 1 to the reply affirmation of Robert Dembia dated July 9, 2008, (2) page 366 of the trial transcript, and (3) an errata sheet reflecting the changes to the trial transcript contained in the letter of Robert Dembia dated July 1, 2008, annexed as Exhibit C to the affirmation in opposition of Hina Sherwani dated July 3, 2008; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 6, 2008, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court