| Palmieri v Town of Babylon |
| Motion No: 2015-12449 |
| Slip Opinion No: 2016 NY Slip Op 95440(U) |
| Decided on December 28, 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. |
Appellate Division: Second Judicial Department
M223630
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
VALERIE BRATHWAITE NELSON, JJ.
|
2015-12449 Paul Palmieri, appellant, v Town of Babylon, respondent. (Index No. 17598/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 29, 2015, and for leave to include an uncertified copy of a transcript of a hearing in the appellant's appendix. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 14, 2017, 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 no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
LEVENTHAL, J.P., DICKERSON, AUSTIN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court