Appellate Division: Second Judicial Department

M128931

E/sl

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-04184 In the Matter of Edward Johann, et al., respondents, v Town of East Hampton, et al., appellants. (Index No. 36910-10)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 9, 2011. By order to show cause dated October 21, 2011, the parties or their attorneys were directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated March 9, 2011, was not appealable as of right (see CPLR 5701[b][1]), and leave to appeal had not been granted, and the application was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and 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 the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from so much of the order as denied that branch of the appellants' motion which was to dismiss the cause of action pursuant to CPLR article 78, and leave to appeal is granted; and it is further,

ORDERED that the application is granted, the appellants' time to perfect the appeal is enlarged until January 18, 2012, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court