Appellate Division: Second Judicial Department

M63238

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2007-00505 In the Matter of Christopher Wood, et al., appellants, v Zoning Board of Appeals of Town of East Hampton, et al., respondents. (Index No. 6024-06)

DECISION & ORDER ON MOTION

Motion by the respondent Zoning Board of Appeals of the Town of East Hampton to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered December 12, 2006, on the ground that it has been rendered academic, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellants, in the event the branch of the motion which is to dismiss the appeal is granted, to vacate the judgment entered December 12, 2006, and for an award of the costs of prosecuting the appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal and the cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the respondent Zoning Board of Appeals of the Town of East Hampton to serve and file a brief is granted, its time to serve and file a brief is enlarged until December 20, 2007, and its brief must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the time of the respondents Brian Horath and Mary Ferrato to serve and file a brief is enlarged until December 20, 2007, and their brief must be served and filed on or before that date.

CRANE, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court