Lackowitz v City of Yonkers
Motion No: 2005-09195
Slip Opinion No: 2006 NYSlipOp 60317(U)
Decided on January 6, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34578

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09195

Rachel Lackowitz, respondent,

v City of Yonkers, appellant.

(Index No. 872/04)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, entered September 2, 2005, and to direct the appellant to perfect the appeal by a date certain.

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

ORDERED that the branch of the motion which is to direct the appellant to perfect the appeal by a date certain is granted and the appellant's record or appendix and brief shall be served and filed on or before February 1, 2006; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal shall be calendared when fully perfected; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court