| Matter of Colalucci v Village of Rye Brook |
| Motion No: 2008-04422 |
| Slip Opinion No: 2008 NYSlipOp 89178(U) |
| Decided on November 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
M78453
S/sl
HOWARD MILLER, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-04422
In the Matter of Christopher Colalucci, et al., appellants, v Village of Rye Brook, etc., et al., respondents. (Index No. 07-16064)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered April 2, 2008.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,
ORDERED that the application is denied as academic.
MILLER, J.P., DICKERSON, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court