J Anthony Enterprise, Inc. v Nassau County
Motion No: 2023-01646
Slip Opinion No: 2023 NY Slip Op 72456(U)
Decided on August 28, 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

M290756

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2023-01646

J Anthony Enterprise, Inc., respondent,

v Nassau County, et al., appellants.

(Index No. 609763/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, dated December 16, 2022. Motion by the respondent, inter alia, to dismiss the appeal as untimely taken. Application by the appellants to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted, and on or before October 27, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., WOOTEN, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court