Appellate Division: Second Judicial Department

M75445

E/sl

ROBERT A. LIFSON, J.P.

MARK C. DILLON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-01159 In the Matter of Benjamin Salzano, et al., appellants, v Zoning Board of Town of Wallkill, respondent. (Index No. 07-8626)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated December 26, 2007, to strike the appellants' appendix or dismiss the appeal on the ground that the appellants' appendix is inadequate and to enlarge the time to serve and file a brief. Cross motion by the appellants for leave to serve and file a supplemental appendix.

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 cross motion is granted, and on or before October 1, 2008, the appellants' shall serve and file a supplemental appendix containing additional documents necessary to provide the court with "those portions of the record necessary to permit the court to fully consider the issues which will be raised by the appellant[s] and the respondent" (see 22 NYCRR 670.10[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 31, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LIFSON, J.P., DILLON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court