Matter of Village of Port Chester, New York v Delaney

Matter of Village of Port Chester, New York v Delaney

Motion No: 2016-02957

Slip Opinion No: 2016 NY Slip Op 90893(U)

Decided on November 9, 2016

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

M221086

S/afa

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2016-02957
In the Matter of Village of Port Chester,
New York, petitioner, v Kerry A. Delaney,
et al., respondents.
(Index No. 3643/15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order on application of this Court dated October 5, 2016, in the above-entitled appeal is recalled and vacated and the following order on application is substituted therefor:

Joint application by the respondents Kerry A. Delaney and Colleen Delaney and the respondent Ability Beyond Disability pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs in a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Westchester County, dated March 10, 2016.

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 application is granted, the respondents' time to serve and file their respective briefs is enlarged until November 10, 2016, and the respondents' briefs must be served and filed on or before that date.

ENG, P.J., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court