Rimany v Town of Dover
Motion No: 2008-06862
Slip Opinion No: 2009 NYSlipOp 69414(U)
Decided on April 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85089

E/cb

PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2008-06862, 2008-07384, 2008-09763

Douglas Rimany, et al., appellants,

v Town of Dover, respondent,

et al., defendant.

(Appeals Nos. 1 & 2)

Douglas Rimany, et al., appellants,

v Town of Dover, et al., respondents.

(Appeal No. 3)

(Index No. 7693/07)

DECISION & ORDER ON MOTION

Motion by Powell Road Mobile Home Park, Inc., to enlarge the record on appeals from two orders of the Supreme Court, Dutchess County, dated June 23, 2008, and September 30, 2008, respectively, and a judgment of the same court entered July 14, 2008, to include two specific letters. Separate motion by the Town of Dover to enlarge the record to include the same two letters, as well as an order of the Supreme Court, Dutchess County, dated January 28, 2008.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion of Powell Road Mobile Home Park, Inc., is denied; and it is further,

ORDERED that the branches of the motion of the Town of Dover which are to enlarge the record to include the two letters are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include the order of the Supreme Court, Dutchess County, dated January 28, 2008, is granted and the Town of Dover shall serve and file a supplemental record containing that order on or before April 24, 2009.

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court