Cnty. of Suffolk v. Long Island Power Auth.

Full title: County of Suffolk, appellant, v. Long Island Power Authority, et al.…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 14, 2011

2011 N.Y. Slip Op. 83444 (N.Y. App. Div. 2011)

Opinion

Motion No: 2010-07528 2011-02270 Index No. 24125-02 M125620

09-14-2011

County of Suffolk, appellant, v. Long Island Power Authority, et al., respondents.

REINALDO E. RIVERA

, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2011 Calendar," dated April 26, 2011, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated June 3, 2010, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal as well as an appeal from an order of the same court dated December 22, 2010, and to consolidate the appeals. Separate motion by the respondents to dismiss the appeal from the order dated June 3, 2010, on the grounds that no appeal lies from so much of the order as denied reargument, no appeal lies from so much of the order as denied resettlement, and no appeal lies as of right from so much of the order as directed a hearing to aid in the disposition of a motion and leave to appeal has not been granted.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted to the extent that so much of the decision and order on motion of this Court dated April 26, 2011, as dismissed the appeal from the order dated June 3, 2010, is recalled and vacated, that appeal is reinstated, and the time to perfect the appeals is enlarged until October 14, 2011, and the appellant's motion is otherwise denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the respondents' motion is granted to the extent that the appeal from so much of the order dated June 3, 2010, as denies resettlement and so much of an order as directs a hearing to aid in the disposition of a motion is dismissed, without costs or disbursements, and the respondents' motion is otherwise denied.

RIVERA, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court