Appellate Division: Second Judicial Department

M124106

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-10360 In the Matter of County of Nassau, et al., appellants, v State of New York, et al., respondents. (Index No. 5821/10)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to recall and vacate a decision and order on motion of this Court dated April 27, 2011, which dismissed an appeal from an order of the Supreme Court, Nassau County, entered October 14, 2010, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, and leave to appeal has not been granted, and denied, as academic, their application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their appeal.

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

ORDERED that the motion is granted, the decision and order on motion of this court dated April 27, 2011, is recalled and vacated, and the appeal is reinstated; and it is further,

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 instant motion papers 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 appellants' application is denied without prejudice to seeking an enlargement of time to perfect the appeal 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