Long v. Town of Southold

Full title: Kathleen Long, respondent, v. Town of Southold, defendant, Founders…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 26, 2011

2011 N.Y. Slip Op. 87939 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-11859 Index No. 5678-09 M127820

10-26-2011

Kathleen Long, respondent, v. Town of Southold, defendant, Founders Village Homeowners Association, Inc., appellant.

DANIEL D. ANGIOLILLO

, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated October 13, 2010, to include certain correspondence, proof of service of the correspondence, and, in effect, to strike pages 241 through 328 of the record on the ground that those pages contain material dehors the record, and to direct the appellant to serve and file a supplemental record containing the transcript of her testimony at a hearing pursuant to GML 50-h on January 22, 2009. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to strike pages 241 through 328 of the record and to direct the appellant to serve and file a supplemental record containing the transcript of her testimony at a hearing pursuant to GML 50-h on January 22, 2009, is granted and on or before November 28, 2011, and the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court and serve and file a supplemental record containing the transcript dated January 22, 2009, or serve and file a replacement record; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 27, 2011, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court