| Matter of Roth v Manhasset Union Free School District |
| Motion No: 2007-09037 |
| Slip Opinion No: 2008 NYSlipOp 81424(U) |
| Decided on August 28, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M75084
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-09037 In the Matter of Jeffrey S. Roth, appellant, v Manhasset Union Free School District, respondent. (Index No. 4552/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated September 4, 2007, on the ground that the record on appeal is inadequate and for an award of costs. Cross motion by the appellant for leave to serve and file a corrected record and amended brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted to the extent that on or before September 29, 2008, the appellant shall serve and file a supplemental record containing the following documents, and the cross motion is otherwise denied:
(1) letter dated October 6, 2005, from Charles J. Casolaro to Joseph Wooley;
(2) New York State Unemployment Insurance Appeal Board decision filed May 23, 2005, regarding Jeff S. Roth;
(3) New York State Unemployment Insurance Appeal Board decision filed August 10, 2005, regarding Jeff S. Roth;
(4) New York State Unemployment Insurance Appeal Board notice of hearing mailed January 12, 2005, regarding Jeff S. Roth;
(5) letter from New York State Department of Labor to New York State Unemployment Insurance Appeal Board dated February 11, 2005, with attachments;
(6) New York State Department of Labor notice of potential charges mailed April 5, 2006;
(7) New York State Department of Labor notice of determination mailed March 14, 2006;
(8) one page handwritten notes marked as School District Exhibit 25;
(9) missing pages of the transcript of the unemployment hearing on April 7, 2005;
(10) table of contents containing the correct page citations for the hearing exhibits;
and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until October 29, 2008, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court