| Parry v Murphy, a/k/a McNitt |
| Motion No: 2009-04840 |
| Slip Opinion No: 2010 NY Slip Op 61593(U) |
| Decided on January 22, 2010 |
| 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
M97660
T/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-04840 Richard Parry, et al., respondents, v Barbara McNitt Murphy, a/k/a Barbara McNitt, et al., appellants. (Index No. 09-4840)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the record on an appeal from a judgment of the Supreme Court, Orange County, dated April 8, 2009, to include certain documents, to enlarge the time to perfect the appeal, and for leave to include in the record on appeal a reproduction of a survey map which was admitted at the trial of the underlying action as Exhibit A, or, in the alternative, for an order directing the clerk of the Supreme Court, Orange County, to release the survey map which was admitted at the trial of the underlying action as Exhibit A to the parties.
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 for leave to include in the record on appeal a reproduction of a survey map which was admitted at the trial of the underlying action as Exhibit A, or, in the alternative, for an order directing the clerk of the Supreme Court, Orange County, to release the survey map which was admitted at the trial of the underlying action as Exhibit A to the parties is granted to the extent that the appellants shall subpoena the original survey map which was admitted at the trial of the underlying action as Exhibit A from the Supreme Court, Orange County, in accordance with 22 NYCRR 670.9(b), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellants' time to perfect the appeal is enlarged until March 8, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court