Garnett v Department of Public Works
Motion No: 2011-00054
Slip Opinion No: 2011 NY Slip Op 77814(U)
Decided on July 7, 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

M120991

J/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-00054, 2011-05056

DECISION & ORDER ON APPLICATION

Beth Garnett, et al., appellants, v Department

of Public Works, et al., respondents.

(Index No. 16838/06)

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, entered October 29, 2010, and a judgment of the same court, entered May 10, 2011.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order entered October 29, 2010, is deemed to also be a notice of appeal from the judgment of the same court entered May 10, 2011 (see CPLR 5501[c]); and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until August 8, 2011, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court