Matter of Lynn v Town of Clarkstown
Motion No: 2013-08823
Slip Opinion No: 2014 NY Slip Op 68919(U)
Decided on April 9, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M172501

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-08823, 2014-01142

In the Matter of Robert Lynn, respondent,

v Town of Clarkstown, et al., appellants.

(Index No. 2381/12, 1480/13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated March 24, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, inter alia, for an expedited briefing schedule with respect to an appeal from a judgment of the Supreme Court, Rockland County, dated December 4, 2013, for a preference in the calendaring of that appeal, and to calendar that appeal with an appeal from a judgment of the Supreme Court, Rockland County, dated July 12, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for an expedited briefing schedule with respect to the appeal from the order dated December 4, 2013 (Appellate Division Docket No. 2014-01142), is granted to the extent that the appellant shall perfect that appeal on or before May 8, 2014; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court