| Noghrey v Town of Brookhaven |
| Motion No: 2010-04991 |
| Slip Opinion No: 2011 NY Slip Op 71187(U) |
| Decided on April 27, 2011 |
| 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
M119144
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-04991, 2010-04993, 2010-11602 Parviz Noghrey, respondent, v Town of Brookhaven, et al., appellants. (Index No. 18557-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Suffolk County, dated February 11, 2010, a judgment of the same court dated May 7, 2010, and an order and amended judgment (one paper) of the same court dated September 20, 2010, on the ground that the appellants failed to properly settle the trial transcript.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before May 27, 2011, the appellants (1) file a complete copy of the trial transcript, properly settled, (2) serve and file a replacement appellants' appendix containing pages from the properly settled transcript or file a stipulation that no changes are necessary to the transcript pages contained in the appellants' appendix filed March 21, 2011, and (3), if necessary, file a replacement brief containing citations to the replacement appellants' appendix.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court