Matter of Brady v Town of Islip Zoning Board of Appea
Motion No: 2008-04853
Slip Opinion No: 2008 NYSlipOp 77038(U)
Decided on July 7, 2008
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

M72809

E/cb

DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-04853

In the Matter of Dennis P. Brady, et al.,

respondents, v Town of Islip Zoning Board

of Appeals, et al., appellants.

(Index No. 13449/07 )

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated March 31, 2008, on the ground that it was untimely taken, or, in the alternative, for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court