| Matter of Wei v Planning Board of Town/Village of Harrison |
| Motion No: 2008-05165 |
| Slip Opinion No: 2009 NYSlipOp 65108(U) |
| Decided on February 27, 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
M83058
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2008-05165 In the Matter of Anna Wei, petitioner-respondent, v Planning Board of Town/Village of Harrison, etc., respondent, Gregory Martino, et al., appellants. (Index No. 07-2461)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered April 18, 2008, on the grounds that the order is not appealable as of right and that the appellants are not aggrieved by the order or, in the alternative, to enlarge her time to serve and file a brief.
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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 30, 2009, and the respondent's brief must be served and filed on or before that date.
FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court