Matter of Mortenson v Suffolk County Police Department
Motion No: 2008-08132
Slip Opinion No: 2009 NYSlipOp 67097(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

M83789

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-08132

In the Matter of Melissa Mortenson, petitioner,

v Suffolk County Police Department, et al.,

respondents.

(Index No. 31580-07)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Suffolk County, dated July 2, 2008. Cross motion by the petitioner to enlarge time to perfect the proceeding.

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

ORDERED that the cross motion is granted, the petitioner's time to perfect the proceeding is enlarged until April 3, 2009, and the record or appendix and the petitioner's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion by the respondents to dismiss the appeal is denied.

FISHER, J.P., MILLER, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court