Matter of Save Open Space v Planning Board of Town of Ne
Motion No: 2009-00702
Slip Opinion No: 2009 NY Slip Op 76527(U)
Decided on June 26, 2009
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

M88644

E/cb

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-00702, 2009-02792

In the Matter of Save Open Space, et al., appellants,

v Planning Board of Town of Newburgh, et al.,

respondents.

(Index Nos. 10924/07, 15546/08)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two judgments of the Supreme Court, Westchester County, entered December 10, 2008, and February 19, 2009, respectively, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the parties shall file 10 copies of the record on appeal or appendix and their respective briefs; and it is further,

ORDERED that the time to perfect the appeals is enlarged until September 30, 2009, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court