| Matter of Johnston v Town Board of Town of Brookhaven |
| Motion No: 2006-03974 |
| Slip Opinion No: 2006 NYSlipOp 68780(U) |
| Decided on May 15, 2006 |
| 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
M39642
Y/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2006-03974 In the Matter of Maryann Johnston, petitioner- respondent, v Town Board of the Town of Brookhaven, et al., respondents, Charles J. Voorhis, etc., et al., appellants. (Index No. 13988-05)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated March 22, 2006, and for an expedited briefing schedule.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from so much of the order as decides issues relating to the proceeding pursuant to CPLR article 78 is treated as an application for leave to appeal (see CPLR 5701[b][1];[c]) and leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is for a preference is denied as unnecessary (see Town Law § 274-a[13]); and it is further,
ORDERED that the branch of the motion which is for an expedited briefing schedule is granted, the appellants' record or appendix and brief shall be served and filed on or before June 16, 2006, the respondents' brief must be served and filed on or before July 21, 2006, and the reply brief must be served and filed on or before August 7, 2006; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court