Tartaglione v Kuder Island Colony, Inc.
Motion No: 2008-01161
Slip Opinion No: 2008 NYSlipOp 86857(U)
Decided on October 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77456

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-01161

Raymond Tartaglione, etc., et al., appellants,

v Kuder Island Colony, Inc., et al., respondents.

(Index No. 07-9752)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, entered January 16, 2008, to enlarge the record to include a certain memorandum of the Department of Health, Westchester County, dated July 19, 2007, and to enlarge the time to serve and file a reply brief. Cross motion by the respondents to dismiss the appeal on the ground that it has been rendered academic

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 branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until November 3, 2008; and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., RITTER, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court