| Matter of Davis v Incorporated Village of Laurel Hollow |
| Motion No: 2019-10595 |
| Slip Opinion No: 2020 NY Slip Op 71892(U) |
| Decided on September 18, 2020 |
| 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
M273083
MB/
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2019-10595 In the Matter of Jimmie Davis, respondent, v Incorporated Village of Laurel Hollow, appellant. (Index No. 605247/2019)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Nassau County, entered August 8, 2019. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision or, in the alternative, to extend 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 on the Court's own motion, the notice of appeal from the decision is deemed to be a notice of appeal from an order of the Supreme Court, Nassau County, entered September 6, 2020 (see CPLR 5512[a]), on or before October 5, 2020, the appellant shall serve a supplemental record containing the order entered September 6, 2020, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
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 extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, on or before November 4, 2020, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and the respondent shall file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.
BALKIN, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court