Matter of Eccleston v Town of Islip Zoning Board of Appeals
Motion No: 2006-02191 +1
Slip Opinion No: 2006 NYSlipOp 79514(U)
Decided on November 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M46764

O/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2006-02191, 2006-03277

In the Matter of Shirley P. Eccleston, et al.,

appellants, v Town of Islip Zoning Board of

Appeals, et al., respondents.

(Index No. 18392-04)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from a judgment of the Supreme Court, Suffolk County, dated January 26, 2006, and an order of the same court, also dated January 26, 2006, inter alia, to hold the appeals in abeyance on the ground that ownership of the subject property was transferred to a new entity and that entity should be added as a party to the appeals, and separate motion by the respondents to strike the record on appeal on the ground that it is incomplete and out of order, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until December 11, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motions are otherwise denied.

FLORIO, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court