| Thomas v Town of Greenburgh |
| Motion No: 2009-06848 |
| Slip Opinion No: 2009 NY Slip Op 83370(U) |
| Decided on September 17, 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
M91976
E/sl
HOWARD MILLER, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2009-06848 Wayne Thomas, respondent, v Town of Greenburgh, appellant. (Index No. 07-14305)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 16, 2009, to deem "the [s]uperceding [n]otice of [a]ppeal . . . noticed[,] imposed and filed on July 16, 2009," and to extend the time to file a motion for leave to renew and reargue in the Supreme Court, Westchester County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to deem "the [s]uperceding [n]otice of [a]ppeal . . . noticed[,] imposed and filed on July 16, 2009," is denied as unnecessary as the notice of appeal was timely served and filed; and it is further,
ORDERED that the branch of the motion which is to extend the time to file a motion for leave to renew and reargue in the Supreme Court, Westchester County, is denied without prejudice to seeking relief in the Supreme Court, Westchester County.
MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court