| Matter of Land Master Montg I, LLC v Town of Montgomery |
| Motion No: 2007-03940 |
| Slip Opinion No: 2007 NYSlipOp 80824(U) |
| Decided on October 16, 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
M61089
S/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2007-03940
In the Matter of Land Master Montg I, LLC., et al., respondents, v Town of Montgomery, et al., appellants. (Proceeding No. 1)
(Index No. 8125/04) In the Matter of Roswind Farmland Corp., et al., respondents, v Town of Montgomery, et al., appellants. (Proceeding No. 2) (Index No. 04-81264)
| 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 May 15, 2007.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appellants' notice of appeal from a decision of the same court dated March 28, 2007, is deemed a premature notice of appeal from the judgment dated May 15, 2007 (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 21, 2008, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court