| Ninivaggi v County of Nassau |
| Motion No: 2016-08990 |
| Slip Opinion No: 2018 NY Slip Op 73287(U) |
| Decided on May 23, 2018 |
| 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
M250645
E/rr
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2016-08990, 2016-10228 Michael Ninivaggi, etc., et al., appellants, v County of Nassau, defendant, Merrick Union Free School District, respondent.
(Index No. 348/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this Court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect," dated July 5, 2017, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered September 2, 2016, to reinstate that appeal, to enlarge the time to perfect the appeal, and to consolidate that appeal with an appeal from an order of the Supreme Court, Nassau County, dated August 3, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the record and briefs filed in connection with the appeal from the order dated August 3, 2016, are deemed to also be filed in connection with the appeal from the judgment, and on or before June 6, 2018, the appellants shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment.
CHAMBERS, J.P., COHEN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court