Appellate Division: Second Judicial Department

M129460

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-11956 Volunteer Fire Association of Tappan, Inc., respondent-appellant, v County of Rockland, et al., appellants-respondents. (Index No. 07-10907)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to strike stated portions of the joint record and the reply brief of the appellant-respondent County of Rockland, County of Rockland Highway Department, and Andrew Connors on appeals and cross appeals from a judgment of the Supreme Court, Rockland County, dated November 17, 2010, on the ground that they contain or refer to matters dehors the record. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).

Upon the papers filed in support of the motion and the papers filed in opposition thereto and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before January 4, 2012.

RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

December 5, 2011

VOLUNTEER FIRE ASSOCIATION OF TAPPAN, INC. v COUNTY OF ROCKLAND