| Matter of Lane v County of Nassau |
| Motion No: 2021-06368 |
| Slip Opinion No: 2023 NY Slip Op 78156(U) |
| Decided on December 11, 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
M292897
AFA/
FRANCESCA E. CONNOLLY, J.P.
ANGELA G. IANNACCI
LARA J. GENOVESI
LAURENCE L. LOVE, JJ.
|
2021-06368 In the Matter of Charles Lane, appellant, v County of Nassau, et al., respondents. (Index No. 606079/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated August 26, 2021. Motion by the appellant to extend the time to serve and file a reply brief. Motion by the respondents, inter alia, in effect, to dismiss the appeal on the ground that the record is inadequate. By order to show cause dated October 18, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order as denied an award of attorney's fees on the ground that this portion of the order has been superseded by an order of the same court dated February 17, 2022, and the motion by the appellant and the motion by the respondents were held in abeyance in the interim.
Now, upon the order to show cause and the papers in response thereto, and upon the papers filed in support of the motion by the appellant and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal from so much of the order as denied an award of attorney's fees on the ground that this portion of the order has been superseded by an order of the same court dated February 17, 2022, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED the motion by the appellant is granted, and on or before December 21, 2023, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion by the respondents is denied.
CONNOLLY, J.P., IANNACCI, GENOVESI and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court