Appellate Division: Second Judicial Department

M68344

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-10669 In the Matter of Nora Lucas, et al., appellants, v Village of Mamaroneck, et al., respondents. (Index No. 07-13033)

DECISION & ORDER ON MOTION

Motion by the respondents Paul Ferrante and Rosa Acocella Ferante (1) to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered October 23, 2007, (2) pursuant to 22 NYCRR 130.1 for an award of costs and an attorney's fee, and to impose a sanction upon the appellant, and (3), in effect, for the court to consider the movant's motion papers as opposition to the appeal without the necessity of filing a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is 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 pursuant to 22 NYCRR 130.1 for an award of costs and an attorney's fee, and to impose a sanction upon the appellant is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, for the court to consider the movant's motion papers as opposition to the appeal without the necessity of filing a brief is denied, the time of the respondents Paul Ferrante and Rosa Acocella Ferante to serve and file a brief is enlarged until April 14, 2008, and the brief of the respondents Paul Ferrante and Rosa Acocella Ferante, if any, must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court