Appellate Division: Second Judicial Department

M83073

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-07412 In the Matter of Thomas Peterson, appellant, v New York City Department of Environmental Protection, et al., respondents. (Index No. 08-244)

DECISION & ORDER ON MOTION

Motion by the respondent County of Westchester to dismiss an appeal from an order of the Supreme Court, Westchester County, entered June 18, 2008, on the ground that it has been rendered academic, or, in effect, to enlarge the record and to enlarge the time to serve and file its brief. Separate motion by the respondent City of White Plains to dismiss the appeal, inter alia, on the ground that it has been rendered academic. Application by the respondent New York City Department of Environmental Protection pursuant to 22 NYCRR 670.8(d)(2) to enlarge its time to serve and file a brief. Application by the respondents New York State Office of Parks, Recreation and Historic Preservation and New York State Department of Environmental Conservation 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 and relation thereto, and upon the applications, it is

ORDERED that the branch of the County of Westchester's motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the County of Westchester's motion which is, in effect, to enlarge the record is granted, and on or before March 30, 2009, the County of Westchester shall serve and file a supplemental record containing an order of the Supreme Court, Westchester County, dated September 5, 2008, as well as the parties respective papers filed in connection with the appellant's motion to renew, which was determined by that order, except for any papers that are already contained in the record on appeal; and it is further,

ORDERED that the branch of the County of Westchester's motion which is to enlarge its time to serve and file a brief is granted, the County of Westchester's time to serve and file a brief is enlarged until April 29, 2009, and the County of Westchester's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion of the City of White Plains is denied; and it is further,

ORDERED that the applications are granted and the time of the respondent New York City Department of Environmental Protection and the respondents New York State Office of Parks, Recreation and Historic Preservation and New York State Department of Environmental Conservation to serve and file their briefs is enlarged until April 29, 2009, and those briefs must be served and filed on or before that date.

SPOLZINO, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court