Matter of Levine v Village of Island Park Board of Zoning Ap
Motion No: 2010-08086
Slip Opinion No: 2011 NY Slip Op 77381(U)
Decided on June 30, 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

M122354

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-08086, 2011-04075

In the Matter of Gary Levine, appellant,

v Village of Island Park Board of Zoning

Appeals, et al., respondents.

(Index No. 4699/09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, entered July 19, 2010, and dated December 23, 2010, respectively, to enlarge the time to perfect the appeal from the order entered July 19, 2010.

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

ORDERED that on the Court's own motion, the appeal from the order dated December 23, 2010 (Appellate Division Docket No. 2011-04075), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is granted and the appellant's time to perfect the appeal from the order entered July 19, 2010 (Appellate Division Docket No. 2010-08086), is enlarged until August 29, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court