Appellate Division: Second Judicial Department

M223773

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-04389 Maria Godino, etc., plaintiff-respondent, v Dennis M. Lemke, et al., defendants-respondents; Nassau County Sheriff's Department, appellant. (Index No. 603921/13)

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 an order of the Supreme Court, Nassau County, dated April 8, 2016. By order to show cause dated October 19, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated April 8, 2016, was not appealable as of right as it was not the result of a motion made on notice. Application by the appellant for leave to appeal from the order dated April 8, 2016.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application for leave to appeal from the order dated April 8, 2016, is granted; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until March 6, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court