Biederman v Town of Huntington
Motion No: 2007-11374
Slip Opinion No: 2008 NYSlipOp 88239(U)
Decided on November 5, 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

M78078

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-11374

Emily Biederman, etc., et al., respondents-

appellants, v Town of Huntington, appellant-

respondent.

(Index No. 20173-04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated October 16, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until April 15, 2009, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court