Matter of Local 342 v Town of Huntington
Motion No: 2006-11372
Slip Opinion No: 2007 NYSlipOp 67648(U)
Decided on April 18, 2007
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M53436

E/cb

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2006-11372

In the Matter of Local 342, etc., respondent,

v Town of Huntington, appellant.

(Index No.14522/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to deem the notice of appeal from an order of the Supreme Court, Suffolk County, dated November 2, 2006, to be a premature notice of appeal from a judgment of the same court entered January 4, 2007.

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 deem the notice of appeal from the order dated November 2, 2006, to be a premature notice of appeal from the judgment entered January 4, 2007, is granted (see CPLR 5520[c]); and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., ANGIOLILLO, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court