| Matter of Town of Riverhead v Central Pine Barrens Joint Pla |
| Motion No: 2008-05688 |
| Slip Opinion No: 2008 NYSlipOp 79208(U) |
| Decided on July 31, 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. |
Appellate Division: Second Judicial Department
M73951
S/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOSEPH COVELLO
ARIEL E. BELEN, JJ.
|
2008-05688 In the Matter of Town of Riverhead, et al., respondents, v Central Pine Barrens Joint Planning and Policy Commission, appellant. (Index No. 14186-07)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 31, 2008, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to hear and report on the issue of if, or when, the order with notice of entry was served upon the attorney for the appellant, and the motion is held in abeyance in the interim. The Supreme Court, Suffolk County, shall file its report with all convenient speed.
RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court