Matter of Jalo Realty, LLC v Town of Eastchester
Motion No: 2010-09147
Slip Opinion No: 2011 NY Slip Op 72338(U)
Decided on May 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

M119677

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-09147

In the Matter of Jalo Realty, LLC, respondent,

v Town of Eastchester, et al., appellants.

(Index No. 09-28379)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 8, 2010, for failure to timely perfect and on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that the appeal is dismissed, for failure to timely perfect, without costs or disbursements (see 22 NYCRR 670.8[e]), and the motion is otherwise denied as academic.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court