| Matter of Murphy v City of New York |
| Motion No: 2008-02450 |
| Slip Opinion No: 2009 NYSlipOp 60565(U) |
| Decided on January 13, 2009 |
| 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
M81067
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-02450 In the Matter of James P. Murphy, appellant v City of New York, respondent. (Index No. 95-6772)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 8, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated January 7, 2008, and for leave to prosecute the appeal on the original papers.
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 branch of the motion which is to enlarge the time to perfect the appeal is granted and the appellant's time to perfect the appeal is enlarged until March 9, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied.
SPOLZINO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court