| Matter of Town of Riverhead v Central Pine Barrens Jo |
| Motion No: 2008-05688 |
| Slip Opinion No: 2008 NYSlipOp 86155(U) |
| Decided on October 14, 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
M77094
E/kmg
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. By decision and order on motion dated July 31, 2008, the matter was 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 was held in abeyance in the interim. The Supreme Court, Suffolk County, has filed its report dated October 1, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Suffolk County, dated October 1, 2008, it is
ORDERED that the motion is denied.
RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court