| Matter of Colabella v Town of Eastchester |
| Motion No: 2014-01475 |
| Slip Opinion No: 2014 NY Slip Op 77949(U) |
| Decided on July 16, 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. |
Appellate Division: Second Judicial Department
M177128
E/sl
PETER B. SKELOS, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2014-01475 Matter of Antonia Colabella, appellant v Town of Eastchester, et al., respondents. (Index No. 12-2540)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5520(a) to extend the time to serve a timely filed notice of appeal from a judgment of the Supreme Court, Westchester County, entered October 7, 2013, on the respondents Westchester County Department of Human Resources, Richard Nardone, Nikki Reno, Michael Nardelli, and Michael Ramundi. Cross motion by Westchester County Department of Human Resources to dismiss the appeal insofar as taken against it as untimely taken or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondents Town of Eastchester and Town Board of the Town of Eastchester pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 granted, and the notice of appeal is deemed timely served on the respondents Westchester County Department of Human Resources, Richard Nardone, Nikki Reno, Michael Nardelli, and Michael Ramundi; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal insofar as taken against the Westchester County Department of Human Resources is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief and the application are granted, the respondents' time to serve and file their respective briefs is enlarged until August 8, 2014, and the respondents' briefs must be served and filed on or before that date.
SKELOS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court