| Matter of Bettina v Town of Wappinger |
| Motion No: 2017-12793 |
| Slip Opinion No: 2018 NY Slip Op 75336(U) |
| Decided on June 18, 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
M251425
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2017-12793 In the Matter of Vincent Bettina, etc., respondent-appellant, v Town of Wappinger, et al., appellants-respondents, Civil Service Employees Association (CSEA) Local 1000, AFSCME, AFL-CIO, respondent. (Index No. 328/17)
| DECISION & ORDER ON MOTION |
Application by Vincent Bettina on an appeal and a cross appeal from an order of the Supreme Court, Dutchess County, dated October 20, 2017, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the cross appeal.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appeal by Town of Wappinger and Town of Board of the Town of Wappinger is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
JORDERED that the application is granted, Vincent Bettina's time to perfect is enlarged until July 16, 2018, and the record or appendix and Vincent Bettina's brief shall be served and filed on or before that date.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court