Appellate Division: Second Judicial Department

M182438

S/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2014-03233 In the Matter of Tina Schwartz, appellant, v East Ramapo Central School District, et al., respondents. (Index No. 1254/13)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Rockland County, dated February 18, 2014, for leave to serve and file a supplemental record containing (1) pages 7 and 8 of the affirmation of Ross M. Gerber, dated September 4, 2013, (2) a letter of Ross M. Gerber, dated September 16, 2013, and (3) an affidavit of service for the affirmation of Ross M. Gerber dated September 4, 2013, and to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated October 3, 2014, the matter was remitted to the Supreme Court, Rockland County, to report on whether that court considered pages 7 and 8 of the affirmation of Ross M. Gerber, dated September 4, 2013, the letter of Ross M. Gerber, dated September 16, 2013, and the affidavit of service for the affirmation of Ross M. Gerber dated September 4, 2013, in determining the motion that resulted in the order dated February 18, 2014, and the respondent's motion was held in abeyance in the interim. The Supreme Court, Rockland County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Rockland County, it is

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

ORDERED that on or before December 1, 2014, the respondents shall serve and file their brief and a supplemental record containing the above referenced material.

RIVERA, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court