Appellate Division: Second Judicial Department

M163629

E/sl

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-02611 In the Matter of Michael Garvey, petitioner/ appellant-respondent, v Michael Sullivan, et al., respondents/respondents-appellants. (Index No. 2416/12)

DECISION & ORDER ON MOTION

Motion by Michael Garvey in a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Rockland County, dated February 21, 2013, and on an appeal, by permission, from the order dated February 21, 2013, to vacate so much of a decision and order on motion of this Court dated May 9, 2013, as marked withdrawn his cross appeal from the order dated February 21, 2013, to deem his notice of cross appeal from the order dated February 21, 2013, to be an application for leave to appeal, and to enlarge his time to serve and file a joint record and a brief.

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ORDERED that so much of the decision and order on motion of this Court dated May 9, 2013, as marked withdrawn the cross appeal taken by Michael Garvey is recalled and vacated; and it is further,

ORDERED that the notice of cross appeal filed by Michael Garvey from the order dated February 21, 2013, is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the joint record and the brief submitted by Michael Garvey to the Clerk of the Court is accepted for filing and deemed timely served on condition that on or before October 16, 2013, Michael Garvey correct the captions of the cover pages of the joint record and his brief to reflect the caption set forth above; and it is further,

ORDERED that on the Court's own motion, Michael Sullivan and the Town of Clarkstown shall serve and file an answering brief, if any, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]), on or before November 8, 2013; and it is further,

ORDERED that on the Court's own motion, Michael Garvey shall serve and file a reply brief, if any on or before November 25, 2013; and it is further,

ORDERED that on the Court's own motion, Michael Sullivan and the Town of Clarkstown shall serve and file a reply brief, if any, on or before December 10, 2013.

CHAMBERS, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court