Appellate Division: Second Judicial Department

M127013

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-08484 In the Matter of County of Nassau, et al., respondents, v State of New York, et al., appellants. (Index No. 5821/10)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 21, 2010.

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

ORDERED that on the Court's own motion, in light of the order of the Supreme Court, Nassau County, transferring the matter to the Supreme Court, Albany County, the appeal in the above-entitled matter is transferred to the Appellate Division, Third Department, for hearing and determination, the Clerk of the Court is directed to deliver to the Clerk of the Appellate Division, Third Department, the records and briefs filed in this action and certified copies of all minutes and entries, and all further proceedings in connection with this appeal shall be conducted pursuant to the rules of the Appellate Division, Third Department; and it is further,

ORDERED that the respondents' motion is denied without prejudice to seeking an enlargement of time to serve and file a brief pursuant to the rules of the Appellate Division, Third Department.

ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court