| Emil A. Dominianni v town/village of Harrison |
| Motion No: 2011-01599 wc |
| Slip Opinion No: 2011 NY Slip Op 78869(U) |
| Decided on July 18, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Emil A. Dominianni, Respondent, v Town/Village of Harrison, Appellant. |
Motion by respondent to dismiss an appeal from a decision of the Justice Court of the Town of Harrison, Westchester County, dated October 22, 2009, and from a judgment of the same court entered November 10, 2009.
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 seeking to dismiss the appeal from the decision is granted as no appeal lies from a decision (see UJCA 1702; Depena v Shocker, 83 AD3d 885 [2011]; and it is further,
ORDERED that the branch of the motion seeking to dismiss the appeal from the judgment is denied and the appeal shall be perfected by September 29, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 29, 2011, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk