| Deberardinis v Village of Ossining |
| Motion No: 2007-03399 |
| Slip Opinion No: 2007 NYSlipOp 80569(U) |
| Decided on October 12, 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. |
Appellate Division: Second Judicial Department
M60972
E/sl
ROBERT W. SCHMIDT, J.P.
STEVEN W. FISHER
ROBERT A. LIFSON
EDWARD D. CARNI, JJ.
|
2007-03399 Donald Deberardinis, appellant, v Village of Ossining, et al., respondents. (Index No. 06-3284)
| DECISION & ORDER ON MOTION |
Motion by the respondents Cappelli Enterprises, Inc., Ginsburg Development Corp., and Harbor Square, LLC, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered March 5, 2007, on the ground that no appeal lies from an order denying reargument. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, and upon the application, it is
ORDERED that the motion is denied without prejudice to the respondents raising the issue in their briefs; and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 11, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court