Albano v Suffolk County
Motion No: 2011-05376
Slip Opinion No: 2011 NY Slip Op 91381(U)
Decided on December 2, 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

M129712

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2011-05376

Rose Albano, appellant,

v Suffolk County, et al., respondents.

(Index No. 1220-08)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 14, 2010, as untimely taken. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 is denied; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court