| Miller v County of Nassau |
| Motion No: 2009-05866 |
| Slip Opinion No: 2010 NY Slip Op 69923(U) |
| Decided on April 29, 2010 |
| 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
M102053
S/sl
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
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2009-05866, 2009-07576 Roberta Miller, appellant-respondent, v County of Nassau, et al., respondents- appellants. (Appeal No. 1) Roberta Miller, appellant, v County of Nassau, et al., respondents. (Appeal No. 2) (Index No. 28936/92)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 19, 2010, in the above-entitled appeals is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Roberta Miller to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered May 15, 2009 (Appellate Division Docket No. 2009-05866), and, in effect, to recall and vacate a decision and order on application of this court dated February 2, 2010, which dismissed an appeal from a decision of the same court dated July 13, 2009 (Appellate Division Docket No. 2009-07576), to reinstate that appeal, and to enlarge the time to perfect that appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and cross appeal from the order entered May 15, 2009 (Appellate Division Docket No. 2009-05866), is granted and the time to perfect the appeal is enlarged until May 18, 2010, and the joint record or appendix on the appeal and Roberta Miller's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the respondents-appellants shall serve and file an answering brief, including points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the branches of the motion which are, in effect, to recall and vacate the decision and order on application of this court dated February 2, 2010, to reinstate the appeal from the decision dated July 13, 2009 (Appellate Division Docket No. 2009-07576), and to enlarge the time to perfect that appeal are denied.
RIVERA, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court