| Matter of Dilworth v Westchester County Department of Corr |
| Motion No: 2011-01348 |
| Slip Opinion No: 2011 NY Slip Op 74159(U) |
| Decided on May 27, 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. |
Appellate Division: Second Judicial Department
M120741
E/ct
JOSEPH COVELLO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-01348 In the Matter of Anthony G. Dilworth, appellant-respondent, v Westchester County Department of Correction, et al., respondents- appellants.
(Index No. 8944/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, entered December 21, 2010, for leave to file less than nine copies of the joint record or appendix, or for leave to prosecute the appeal and cross appeal on the original record.
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 for leave to prosecute the appeal and cross appeal on the original papers is granted, and the appeal and cross appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the motion which is for leave to file less than nine copies of the joint record or appendix is denied as academic.
COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court