Matter of Serota Brown Court II, LLC v Town of Hempstead

Matter of Serota Brown Court II, LLC v Town of Hempstead

Motion No: 2007-09065

Slip Opinion No: 2007 NYSlipOp 83295(U)

Decided on November 8, 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

M61928

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-09065
In the Matter of Serota Brown Court II, LLC,
et al., petitioners-respondents, v Town of
Hempstead, et al., respondents-appellants;
Town of Hempstead Building Department,
nonparty-appellant.
(Index No. 1540/07)

DECISION & ORDER ON MOTION

Motion by the petitioners-respondents, inter alia, to dismiss appeals from an order of the Supreme Court, Nassau County, dated August 2, 2007, as untimely taken. Application by the respondents-appellants and the nonparty-appellant to withdraw the appeals.

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

ORDERED that the application is granted and the appeals are marked withdrawn; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., RITTER, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court