Matter of Elwyn v Planning Board of Village of Irvington
Motion No: 2008-03932
Slip Opinion No: 2008 NYSlipOp 91406(U)
Decided on December 9, 2008
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

M79561

T/sl

2008-03932

In the Matter of Jonathan Elwyn, et al., appellants,

v Planning Board of Village of Irvington, et al.,

respondents.

(Index No. 06-23473)

ORDER ON APPLICATION

Application by the respondent Planning Board of Village of Irvington pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Westchester County, dated April 4, 2008. Cross application by the appellants to enjoin the respondents from taking certain actions as a condition of granting the enlargement.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until January 7, 2009, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the cross application is denied without prejudice to the appellants making a motion pursuant to CPLR 5519.

ENTER:

James Edward Pelzer

Clerk of the Court