| Matter of Procacci v Town of Hempstead |
| Motion No: 2013-02944 |
| Slip Opinion No: 2013 NY Slip Op 73332(U) |
| Decided on May 9, 2013 |
| 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
M155962
E/ct
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2013-02944 In the Matter of Felix Procacci, appellant, v Town of Hempstead, et al., respondents. (Index No. 10937/12)
| DECISION & ORDER ON MOTION |
Motion by Felix Procacci for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered February 13, 2013.
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 the motion is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the moving papers are deemed to constitute a timely notice of appeal (see CPLR 5520[b]).
BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court