| Rocky Point Drive-In, L.P. v Town of Brookhaven |
| Motion No: 2010-01714 |
| Slip Opinion No: 2011 NY Slip Op 88978(U) |
| Decided on November 4, 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
M127998
E/ct
REINALDO E. RIVERA, J.P.
RANDALL T. ENG
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2010-01714 Rocky Point Drive-In, L.P., respondent- appellant, v Town of Brookhaven, et al., appellants-respondents. (Index No. 30047/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered January 22, 2010, inter alia, for this Court to take judicial notice of a reply brief filed by Rocky Point Drive-In, L.P. on a prior appeal under Appellate Division Docket No. 2004-10992, and for leave to file a supplemental appendix containing that reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court