Appellate Division: Second Judicial Department

M64589

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-01034, 2007-05026, 2007-10669 In the Matter of Nora Lucas, et al., respondents, v Board of Appeals of Village of Mamaroneck, et al., appellants. (Appeal Nos. 1 & 2) (Index No. 06-10960) In the Matter of Nora Lucas, et al., appellants, v Village of Mamaroneck, et al., respondents. (Appeal No. 3) (Index No. 07-13033)

DECISION & ORDER ON MOTION

Motion by Nora Lucas, Anthony Weiner, Jeffrey Falk, Martha McCarthy-Falk, and Stuart Tiekert to stay Benmar Properties, LLC, from performing further construction at 609 Brook Street or conveying 609 Brook Street to a third-party pending hearing and determination of appeals from (1) a judgment of the Supreme Court, Westchester County, entered January 10, 2007, (2) an order of the same court entered April 17, 2007, and (3) an order and judgment (one paper) of the same court entered October 23, 2007, and to consolidate the appeals from the judgment entered January 10, 2007, and the order entered April 17, 2007, with the appeal from the order and judgment entered October 23, 2007. Cross motion by Benmar Properties, LLC, inter alia, to dismiss the appeals on the ground that the appeals and the underlying proceedings have been rendered academic. Application by the respondents on the appeals from the judgment entered January 10, 2007, and the order entered April 17, 2007, to enlarge the time to serve and file a brief. Separate application by the Board of Appeals of Village of Mamaroneck and its individual members to enlarge their time and to enlarge the time of Benmar Properties, LLC, to serve and file their respective reply briefs on the appeals from the judgment entered January 10, 2007, and the order entered April 17, 2007.

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

ORDERED that the branch of the motion which is for a stay is granted to the extent that the conveyance of the property located at 609 Brook Street to a third party is stayed pending hearing and determination of the appeals, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that on the court's own motion, Nora Lucas, Anthony Weiner, Jeffrey Falk, Martha McCarthy-Falk, Stuart Tiekert, and Robert Balin shall perfect the appeal from the order and judgment entered October 23, 2007 (Appellate Division Docket No. 2007-10669), on or before February 7, 2008; and it is further,

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals; and it is further,

ORDERED that on the court's own motion, the order on application dated December 4, 2007, in the above-referenced matter is recalled and vacated; and it is further,

ORDERED that the application by the respondents on the appeals from the judgment entered January 10, 2007, and the order entered April 17, 2007, to enlarge the time to serve and file a brief is granted, the time to serve and file a brief is enlarged until February 7, 2008, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the application by the Board of Appeals of Village of Mamaroneck and its individual members to enlarge the time to serve and file the reply briefs on the appeals from the judgment entered January 10, 2007, and the order entered April 17, 2007, is denied as premature.

MASTRO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court