DiBattista v County of Westchester
Motion No: 2008-10969
Slip Opinion No: 2009 NYSlipOp 67056(U)
Decided on March 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M84067

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-10969

Carmine DiBattista, et al., respondents,

v County of Westchester, et al., appellants.

(Index No. 04-19762)

DECISION & ORDER ON MOTION

Motion by the respondents for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Westchester County, entered October 6, 2008, and for an expedited briefing schedule.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

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

ORDERED that the appellants' record and brief shall be served and filed on or before April 20, 2009; and it is further,

ORDERED that the respondents' brief, if any, must be served and filed on or before May 11, 2009; and it is further,

ORDERED that the reply brief, if any, must be served and filed on or before May 18, 2009; and it is further,

ORDERED that the appeal will be calendared expeditiously after all the briefs have been filed.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court