Appellate Division: Second Judicial Department

M39699

C/mv

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-10905 In the Matter of Ellen Omeara, et al., appellants, v Zoning Board of Appeals of City of Long Beach, et al., respondents. (Index No. 8851/05)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enjoin the respondent Scott Kemins, Building Commissioner for the City of Long Beach, from issuing any building permits for the construction of a residential apartment complex at 403 Boardwalk in Long Beach and to enjoin the respondent EBM Long Beach, LLC, from performing any destruction and/or construction activities at that location pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 28, 2005, and to enlarge the time to perfect the appeal. Separate application by the appellants to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal and the application are granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until June 16, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., SPOLZINO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court