Matter of Kmart Corporation v County of Westchester
Motion No: 2009-01470
Slip Opinion No: 2009 NY Slip Op 83513(U)
Decided on September 21, 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

M92145

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 respondents 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 serve and file a brief in connection with (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 respondents' brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court