Appellate Division: Second Judicial Department

M126665

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-09607 In the Matter of Evelyn Konrad, appellant, v Southampton Village Board of Architectural Review and Historic Preservation, et al., respondents. (Index No. 35049-07)

DECISION & ORDER ON MOTION

Motion by the respondent Southampton Village Board of Architectural Review and Historic Preservation to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated June 28, 2010, on the ground that it has been rendered academic, or to direct the appellant to amend and correct the record. Cross motion by the appellant to enlarge the record to include certain material.

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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to amend and correct the record is granted to the extent that on or before October 21, 2011, the appellant shall (1) replace page 734 of the copies of the record on appeal filed with the Clerk of the Court with a copy of the correct exhibit, and (2) serve and file a supplemental record containing the following material:

(a) page 7 of the minutes of the hearing on September 7, 2007;

(b) verified answer of the respondent Christopher Tufo to the petition;

(c) missing material of the affidavit of Evelyn Konrad partially reproduced at pages 267 through 273 of the record, consisting of the remainder of paragraph 22, paragraphs 23 through 25, and the signature page;

(d) exhibits A, B, C, D, D-A, D-B, F, and I of the affirmation of Elbert W. Robinson, Jr., dated October 19, 2009, in support of the motion for leave to reargue, renew and for sanctions; and

(e) exhibits 1, 2, and a complete copy of exhibit 6 annexed to the petitioner's affidavit in support of combined motion dated April 5, 2010; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court