| People of State of New York v Eugene Devany |
| Motion No: 2008-00338 NCR |
| Slip Opinion No: 2008 NYSlipOp 83259(U) |
| Decided on September 2, 2008 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- EUGENE DEVANY, Appellant. |
DECISION That branch of the motion by appellant seeking an enlargement of time to perfect the appeal is granted, and appeal shall be perfected by October 3, 2008. Appellant, in the event that he intends to raise an issue with regard to the constitutionality of an ordinance of the Village of Massapequa Park upon the appeal, shall, within five days of filing of his Appellant's Brief, serve a copy thereof upon the Village with a notice of such intent pursuant to CPLR 1012.
Those branches of the motion seeking other relief are denied.