Matter of Ryan v Town of Hempstead Industrial Development Agency
Motion No: 2017-02207
Slip Opinion No: 2017 NY Slip Op 89715(U)
Decided on October 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M239916

U/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-02207

In the Matter of Donald L. Ryan, et al., appellants,

v Town of Hempstead Industrial Development

Agency, et al., respondents.

(Index No. 5324/16)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 5, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellants for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2017, on the original record and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original record (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the appellants' time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing their brief on the appeal is enlarged until December 18, 2017.

RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court