Joseph Martens Commissioner of Environmental Conservation et v Frederick J. Neroni et

Motion No: 515341

Slip Opinion No: 2013 NY Slip Op 90178(U)

Decided on October 25, 2013

Appellate Division, Third 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.

Decided and Entered: October 25, 2013515341
_______________________________
JOSEPH MARTENS, Commissioner of Environmental Conservation, et al.,

Respondents,
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
FREDERICK J. NERONI et al.,

Appellants.
                                                       
_______________________________

Motion to vacate or for alternative relief.

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

ORDERED that the motion to vacate is denied, without costs, and it is further

ORDERED the motion for alternative relief is granted, without costs, only to the extent that appellants shall file and serve a supplemental record on appeal on or before November 25, 2013 that shall include the documents labeled and attached as exhibit E to the motion for summary judgment made by plaintiffs in the court of original instance, and the motion for alternative relief is, in all other respects, denied. It is noted that no further extensions of time to perfect the appeal will be granted. The time to file and serve the brief of respondents is extended to December 16, 2013.
Lahtinen, J.P., McCarthy, Spain and Garry, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court