| Matter of Save Bayville Now, Inc. v Inc. Village of Bayville |
| Motion No: 2016-07680 |
| Slip Opinion No: 2017 NY Slip Op 76665(U) |
| Decided on June 12, 2017 |
| 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
M232697
E/afa
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2016-07680 In the Matter of Save Bayville Now, Inc., respondent, v Inc. Village of Bayville, appellant. (Index No. 8591/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered July 1, 2016, on the ground that the appellant lacks the capacity to prosecute the appeal or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 12, 2017, the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
CHAMBERS, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court