Cross Island Industries, Inc. v Town of Smithtown
Motion No: 2022-01029
Slip Opinion No: 2023 NY Slip Op 61273(U)
Decided on January 30, 2023
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

M287117

AFA/

MARK C. DILLON, J.P.

REINALDO E. RIVERA

JOSEPH J. MALTESE

HELEN VOUTSINAS, JJ.

2022-01029

Cross Island Industries, Inc., et al., plaintiffs,

v Town of Smithtown, respondent,

Suffolk Asphalt Corp., appellant.

(Index No. 605081/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 30, 2021. Motion by the appellant to extend the time to perfect the appeal.

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, and on or before March 1, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., RIVERA, MALTESE and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court