| Matter of Lane v County of Suffolk |
| Motion No: 2022-07316 |
| Slip Opinion No: 2023 NY Slip Op 76237(U) |
| Decided on November 3, 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. |
Appellate Division: Second Judicial Department
M292057
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2022-07316 In the Matter of Charles Lane, appellant, v County of Suffolk, et al., respondents. (Index No. 610328/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated August 16, 2022. Motion by the respondents to dismiss the appeal on the ground that no appeal lies as of right from an interlocutory order in a proceeding pursuant to CPLR article 78. Motion by the appellant for leave to appeal to this Court from the order and judgment, to dismiss the cross-appeal by the respondents, and for an award of attorneys' fees. Separate motion by the respondents to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the respondents to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion by the appellant which is for leave to appeal to this Court from the order and judgment is denied as unnecessary as the order and judgment is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion by the appellant which is to dismiss the cross-appeal is denied as academic as the cross-appeal was withdrawn by decision and order on application of this Court dated November 1, 2023; and it is further,
ORDERED that the branch of the motion which is for an award of attorneys' fees is denied; and it is further,
ORDERED that the motion by the respondents to extend the time to serve and file a brief is granted, and on or before December 4, 2023, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court