Reggero v Village of Walden
Motion No: 2007-02609
Slip Opinion No: 2007 NYSlipOp 79010(U)
Decided on September 25, 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

M59980

S/nl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-02609

Michael T. Reggero, et al., appellants,

v Village of Walden, respondent.

(Index No. 7582/02)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated January 26, 2007.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the judgment dated January 26, 2007, was superseded by a judgment of the same court dated April 5, 2007, an appeal from which is pending under Appellate Division Docket No. 2007-05297; and it is further,

ORDERED that the application to enlarge time is denied as academic.

SPOLZINO, J.P., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court