Matter of Brummel v Villiage of East Hills, N.Y., for East Hil
Motion No: 2014-03033
Slip Opinion No: 2014 NY Slip Op 83469(U)
Decided on September 15, 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

M179793

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-03033, 2014-08342

In the Matter of Richard A. Brummel, appellant,

v Village of East Hills, N.Y., for East Hills

Architectural Review Board, et al., respondents.

(Index No. 012313/13)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated December 9, 2013, and a judgment of the same court dated January 6, 2014.

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 on the Court's own motion, the appeal from the order (Appellate Division Docket No. 2014-03033) is dismissed, without costs or disbursements, as the order is not appealable as of right, (see CPLR 5701[b][1]), and leave to appeal has not been granted; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect that appeal is enlarged until October 27, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court