| Matter of Kmart Corporation v County of Westchester |
| Motion No: 2009-01470 |
| Slip Opinion No: 2009 NY Slip Op 79312(U) |
| Decided on July 29, 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
M90071
S/sl
|
2009-01470
In the Matter of Kmart Corporation, petitioner/ appellant, v County of Westchester, et al., respondents. (Index No. 08-9937)
| ORDER ON APPLICATION |
Application by the petitioner/appellant in a hybrid proceeding pursuant to CPLR article 78 and an action for a declaratory judgment, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to perfect (1) the proceeding which was transferred to this court by order of the Supreme Court, Westchester County, dated January 13, 2009, and (2) the appeal from so much of the order as dismissed the action.
ORDERED that the application is granted and the appellant's time to perfect is enlarged until August 11, 2009, and the record or appendix and the petitioner/appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court