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

DOCKET NO. CA 13-00029

JESSICA MORRIS AND JOSHUA MORRIS, PLAINTIFFS-APPELLANTS, V TOWN OF LOCKE AND TOWN OF LANSING, DEFENDANTS-RESPONDENTS.

Respondent Town of Lansing having moved to vacate dismissal of its cross appeal, to supplement the record, to settle the supplemental record, to strike appellants' record, and to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on March 30, 2012, for failure to timely perfect the appeal on the correct record,

Now, upon reading and filing the affirmation of Guy K. Krough, Esq., dated May 8, 2013, the notice of motion with proof of service thereof, and the statment of Jessica Morris sworn to May 21, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the cross appeal is denied on the ground that respondent Town of Lansing is not an aggrieved party (see CPLR 5511; Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488; Cataract Metal Finishing, Inc. v City of Niagara Falls, 31 AD3d 1129, 1130), and

It is further ORDERED that the motion insofar as it seeks to supplement the record is denied without prejudice to a motion in Supreme Court to settle the record regarding the documents in controversy (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966), and

It is further ORDERED that the motion insofar as it seeks to strike the record and dismiss the appeal is dismissed with leave to renew at oral argument.

Entered: June 20, 2013

Frances E. Cafarell, Clerk