| Profex, Inc. v Town of Fishkill |
| Motion No: 2008-04177 |
| Slip Opinion No: 2009 NYSlipOp 66176(U) |
| Decided on March 11, 2009 |
| 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
M83474
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
HOWARD MILLER
RUTH C. BALKIN, JJ.
|
2008-04177 Profex, Inc., appellant, v Town of Fishkill, et al., respondents. (Index No. 610/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent Town of Fishkill on an appeal from an order of the Supreme Court, Dutchess County, dated March 31, 2008, in effect, for leave to file a supplemental appendix and to direct the appellant to pay the costs incurred in preparing the appendix.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, for leave to file a supplemental appendix is denied as unnecessary (see CPLR 5528[b]); and it is further,
ORDERED that the branch of the motion which is to direct the appellant to pay the costs incurred in preparing the appendix is denied; the issue of which party, if any, is responsible for paying costs will be determined by the decision and order determining the appeal.
SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court