Mayor of City of Mount Vernon v City Counsel of City of

Mayor of City of Mount Vernon v City Counsel of City of

Motion No: 2010-08897

Slip Opinion No: 2011 NY Slip Op 66530(U)

Decided on March 10, 2011

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

M116782

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-08897
Mayor of City of Mount Vernon, respondent,
v City Council of City of Mount Vernon, et al.,
appellants.
(Index No. 10-11302)

DECISION & ORDER ON MOTION

Motion by the appellants pursuant to CPLR 5520(c) to deem the notice of appeal from a decision of the Supreme Court, Westchester County, entered August 2, 2010, to be a premature notice of appeal from an order of the same court entered August 24, 2010.

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 motion is granted, and the notice of appeal from the decision entered August 2, 2010, is deemed to be a premature notice of appeal from the order entered August 24, 2010 (see CPLR 5520[c]).

DILLON, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court