| O'Brien v Town of Huntington |
| Motion No: 2013-05984 |
| Slip Opinion No: 2013 NY Slip Op 89072(U) |
| Decided on October 23, 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
M163051
E/ct
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2013-05984 Thomas E. O'Brien, et al., respondents, v Town of Huntington, et al., appellants. (Index No. 15166/81)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 5, 2012, to enlarge the record to include the records for prior appeals in the above-entitled action, under Appellate Division Docket Nos. 2006-11982, 2006-11983, 2007-00034, 2007-05312, and 2008-04490, or for this Court to take judicial notice of those records. 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 or relation 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, the appellant's time to perfect the appeal is enlarged until January 2, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
LEVENTHAL, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court