| Johnson v Braun |
| Motion No: 2013-03790 |
| Slip Opinion No: 2013 NY Slip Op 80883(U) |
| Decided on July 29, 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
M159982
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2013-03790 Denis Johnson, respondent, v Emil Braun, et al., respondents-appellants, Town of East Hampton, appellant-respondent. (Index No. 14254/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated February 19, 2013, for leave to perfect its appeal "immediately and unilaterally," and to hear the appeal separately from the cross appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to perfect the appeal "immediately and unilaterally" is denied as unnecessary as the appellant-respondent can perfect its appeal when it deems advisable; and it is further,
ORDERED that the branch of the motion which is to hear the appeal separately from the cross appeal is denied.
ENG, P.J., DILLON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court