| Matter of Titan Concrete v Town of Kent |
| Motion No: 2019-02251 |
| Slip Opinion No: 2019 NY Slip Op 82269(U) |
| Decided on October 21, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M266790
E/mb
WILLIAM F. MASTRO, J.P.
COLLEEN D. DUFFY
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
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2019-02251 In the Matter of Titan Concrete, Inc., et al., respondents, v Town of Kent, et al., appellants. (Index No. 500108/18)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to serve and file a supplemental record containing certain documents on an appeal from an order of the Supreme Court, Putnam County, dated February 8, 2019, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Putnam County, dated March 15, 2019 (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted to the extent that on or before November 25, 2019, the respondents shall serve and file a supplemental record containing the judgment and the notice of entry of the judgment, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to extend the respondents' time to serve and file a brief is denied as academic as the respondents' brief was timely served and filed.
MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court