| Thomas v Town of Greenburgh |
| Motion No: 2009-06848 |
| Slip Opinion No: 2010 NY Slip Op 78196(U) |
| Decided on July 28, 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
M105880
E/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2009-06848 Wayne Thomas, appellant, v Town of Greenburgh, respondent. (Index No. 07-14305)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated June 15, 2009, inter alia, to enlarge the time to perfect the appeal and for leave to reargue those branches of his prior motion which were to waive payment of the filing fee and for free transcripts, which were determined by decision and order on motion dated April 12, 2010, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
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 enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this court; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., SANTUCCI, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court