Opinion
Motion No: 2015-02420 SC
08-01-2016
Marc Henig, Appellant, v. Town of Babylon, Respondent.
JERRY GARGUILO
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated May 16, 2016, which dismissed an appeal from a judgment of the District Court of Suffolk County, Second District, entered June 24, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the court's order dismissing the appeal is vacated; and it is further,
ORDERED that on the court's own motion, the time to file the appellant's brief is hereby enlarged and appellant's brief shall be served and filed on or before October 3, 2016; and it is further;
ORDERED that in the event the appeal is not perfected on or before October 3, 2016, the court, on its own motion, may dismiss the appeal, or respondents may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk