PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01078
DOCKET NO. CA 11-01600

IN THE MATTER OF FRANCES E. BRADLEY, PETITIONER-RESPONDENT, V TOWN OF BOONVILLE ZONING BOARD OF APPEALS, RESPONDENT, FORREST C. BARTELLOTTE AND MARILYN G. BARTELLOTTE, INTERVENORS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF FRANCES E. BRADLEY, PETITIONER-RESPONDENT, V TOWN OF BOONVILLE ZONING BOARD OF APPEALS, RESPONDENT, FORREST C. BARTELLOTTE AND MARILYN G. BARTELLOTTE, INTERVENORS-APPELLANTS. (APPEAL NO. 2.)

Petitioner having moved to strike the appendix to appellants' brief, to direct appellants to file and serve a new record and brief on Appeal No. 2, and to extend the time to file and serve a respondent's brief on the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 18, 2011 (Appeal No. 1), and July 25, 2011 (Appeal No. 2.), and having moved for other relief,

Appellants having cross-moved for an order of this Court taking judicial notice of the documents in the appendix to appellant's brief and for other relief,

Now, upon reading and filing the affirmations of Meghan M. Manion, Esq., dated October 26, 2011, and November 3, 2011, the affidavit of George E. Curtis, Esq., sworn to October 31, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that petitioner's motion insofar as it seeks to strike the appellants' appendix is denied, with leave to renew at oral argument, and

It is further ORDERED that appellants' cross motion insofar as it seeks judicial notice is denied, with leave to renew at oral argument, and

It is further ORDERED that petitioner's motion insofar as it seeks an extension of time to file and serve a respondent's brief is dismissed as moot, and

It is further ORDERED that petitioner's motion is otherwise denied.

Entered: November 30, 2011

Patricia L. Morgan, Clerk