Matter of Home Depot U.S.A., Inc. v Town Board of Town of

Matter of Home Depot U.S.A., Inc. v Town Board of Town of

Motion No: 2009-02406

Slip Opinion No: 2009 NY Slip Op 76061(U)

Decided on June 24, 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

M88543

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2009-02406
In the Matter of Home Depot U.S.A., Inc.,
et al., respondents, v Town Board of Town
of Southeast, et al., appellants.
(Index Nos. 07-11725, 07-23675)

DECISION & ORDER ON MOTION

Motion by the appellant Independent Sewage Works, Inc., in effect, to amend the decision and order on motion of this court dated May 21, 2009, which, inter alia, directed that appeals from an order and judgment of the Supreme Court, Westchester County, entered February 5, 2009, be perfected on or before July 6, 2009, and to extend the time to perfect the appeals.

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 the decision and order on motion of this court dated May 21, 2009, is amended by deleting the date "July 6, 2009," from the third decretal paragraph of the decision and order on motion of this court dated May 21, 2009, and substituting therefor the date "July 20, 2009."

SPOLZINO, J.P., SKELOS, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court