Appellate Division: Second Judicial Department

M204507

E/sl

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-04428 In the Matter of Michael C. Brandt, appellant, v Board of Trustees of Incorporated Village of Bellerose, respondent. (Index No. 10272/13)

DECISION & ORDER ON MOTION

Motion by the appellant to extend his time to comply with a decision and order on motion of this Court dated May 1, 2015, which directed him to file a supplemental record containing certain documents, on an appeal from a judgment of the Supreme Court, Nassau County, dated March 14, 2014, and for leave to serve and file a replacement brief. Cross motion by the respondent to dismiss the appeal for failure to serve and file the supplemental record. Separate motion by the appellant to direct the respondent or its counsel to furnish him with certain exhibits. Separate motion by the appellant to strike certain papers filed by the respondent in connection with the motions and cross motion.

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

ORDERED that the branch of the motion which is to extend the appellant's time to comply with the decision and order on motion dated May 1, 2015, is granted and on or before February 16, 2016, the appellant shall serve and file a supplemental record containing the verified petition with any attached exhibits, the verified answer with any attached exhibits, and the documents contained in the Return filed with the Supreme Court, Nassau County, by the Village Clerk of the Incorporated Village of Bellerose, except for those documents already included in the record; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a replacement brief is denied; and it is further,

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

ORDERED that the motion to direct the respondent or its counsel to furnish the appellant with certain exhibits, and the motion to strike certain papers filed by the respondent in connection with the motions and cross motion are denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until March 18, 2016, and the respondent's brief must be served and filed on or before that date.

DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court