Appellate Division: Second Judicial Department

M182754

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-01467 In the Matter of Nicholas Lemma, appellant, v Nassau County Police Officer Indemnification Board, etc., et al., respondents. (Index No. 19176-09)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered December 20, 2013. By order to show cause dated August 6, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter on the ground that no appeal lies from a judgment entered upon the consent of the appealing party, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response 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 to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until January 13, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court