City of Long Beach v Janow Associates, LLC
Motion No: 2012-03377
Slip Opinion No: 2013 NY Slip Op 70928(U)
Decided on April 18, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M154905

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

SYLVIA HINDS-RADIX, JJ.

2012-03377, 2012-09828

City of Long Beach, appellant,

v Janow Associates, LLC, et al., respondents.

(Index No. 2502/11)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to file a supplemental record containing certain material on appeals from two orders of the Supreme Court, Nassau County, dated January 31, 2012, and August 21, 2012, respectively.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that on or before May 2, 2013, the appellant shall serve and file a supplemental record containing (1) the reply affirmation of June Dimant dated May 12, 2011, (2) the affidavit of Edwin L. Eaton, dated July 29, 2011, and (3) the "responding" affirmation of June Dimant dated August 18, 2011, and the motion is otherwise denied; and it is further,.

ORDERED that the respondent Philip Pilevsky may serve and file a replacement brief on or before June 2, 2013, if he so advised.

DILLON, J.P., LOTT, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court