| Nathan v Del Savio Family Limited Partnership No. 2 |
| Motion No: 2006-01504 +1 |
| Slip Opinion No: 2006 NYSlipOp 79087(U) |
| Decided on November 3, 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
M46544
S/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-01504 John E. Nathan, et al., respondents-appellants, v Del Savio Family Limited Partnership No. 2, appellant-respondent, Town of Pound Ridge, respondent. (Appeal No. 1) 2006-06112 John E. Nathan, et al., appellants, v Del Savio Family Limited Partnership No. 2, et al., respondents. (Appeal No. 2)
(Index No. 04-6394)
| DECISION & ORDER ON MOTION |
Motions by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated January 25, 2006 (Appeal No. 1), and the appellants on an appeal from an order of the same court dated June 9, 2006 (Appeal No. 2), (1), in effect, to consolidate the appeals and for leave to file a supplemental record, which along with the joint record filed on the appeal and cross appeal from the order date January 25, 2006, shall be deemed to be the joint record on the consolidated appeals, (2) to enlarge the record on the appeal from the order dated January 25, 2006, to include page 11 of the minutes of the Planning Board of the Town of Pound Ridge, dated October 28, 1999, and (3) to enlarge the time to file a brief on the consolidated appeals.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the appeals are consolidated, the supplemental record and the movants' brief which were previously submitted to the Clerk of this court are accepted for filing; and it is further,
ORDERED that on or before December 1, 2006, the movant shall serve and file a supplemental record containing page 11 of the minutes of the Planning Board of the Town of Pound Ridge, dated October 28, 1999; and it is further,
ORDERED that the defendant-respondent shall serve and file its brief in response to the briefs filed by the appellant-respondent and the respondents-appellants on or before December 4, 2006; the appellant-respondent shall serve and file a reply brief on or before January 9, 2007; and the respondents-appellants shall serve and file their reply brief, if any, on or before January 24, 2007.
MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court