Engleman v. Planning Bd. of the Town of Clifton Park

Full title: In the Matter of WILLIAM ENGLEMAN, Appellant, et al., Petitioner, v…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 20, 2012

2012 N.Y. Slip Op. 71493 (N.Y. App. Div. 2012)

Opinion

Motion No: #514098

04-20-2012

In the Matter of WILLIAM ENGLEMAN, Appellant, et al., Petitioner, v. PLANNING BOARD OF THE TOWN OF CLIFTON PARK et al., Respondents.

MERCURE

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Cross motion to dismiss appeal for failure of prosecution and as moot.

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

ORDERED that the cross motion to dismiss the appeal as moot is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record on appeal and brief on or before June 19, 2012, in which event the cross motion to dismiss the appeal for failure of prosecution is denied, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to June 19, 2012.

MERCURE, J.P., LAHTINEN, SPAIN, STEIN and EGAN JR., JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court