| Incorporated Village of Bayville v Viteritti |
| Motion No: 2008-01943 |
| Slip Opinion No: 2008 NYSlipOp 92907(U) |
| Decided on December 24, 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
M80299
S/sl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2008-01943
Incorporated Village of Bayville, respondent-appellant, v John Viteritti, et al., appellants-respondents, Michael Falzarano, et al., respondents. (Index No. 239/05)
| DECISION & ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Nassau County, dated January 29, 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 by the appellants-respondents is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules and prior order of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the application is granted, the respondent-appellant's time to perfect its appeal is enlarged until January 26, 2009, and the record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the respondent-appellant's brief must be served and filed on or before that date.
RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court