Appellate Division: Second Judicial Department

M128697

E/sl

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, 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 appellant on an appeal from a judgment of the Supreme Court, Suffolk County, dated June 28, 2010, inter alia, to extend the time to comply with a decision and order on motion of this Court dated September 30, 2011, which directed her to amend and correct the record on or before October 21, 2011.

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 granted and on or before December 14, 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 motion is otherwise denied.

RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court