| Matter of Middletown & New Jersey Railroad, LLC |
| Motion No: 2011-09933 |
| Slip Opinion No: 2012 NY Slip Op 63584(U) |
| Decided on February 8, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M132785
E/sl
REINALDO E. RIVERA, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2011-09933 In the Matter of Middletown & New Jersey Railroad, LLC, etc., respondent; Howard Shapiro, appellant. (Case No. 38040)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal pursuant to Railroad Law § 91 from an order of the New York State Department of Transportation dated December 23, 2010, and to direct the New York State Department of Transportation to furnish the appellant with a transcript of the administrative hearing held on August 18, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before March 7, 2012, the New York State Department of Transportation shall furnish the appellant with a certified copy of the transcript of the administrative hearing held on August 18, 2010; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 7, 2012, 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., ENG, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court