Appellate Division: Second Judicial Department

M91261

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-08702, 2009-02632 In the Matter of Eugene K. Ferencik, et al., appellants, v Zoning Board of Appeals of Town of Oyster Bay, et al., respondents. (Index No. 10963/08)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated August 19, 2008, and an appeal from an order of the same court dated January 23, 2009, to enlarge the time to perfect the appeal from the order and judgment, for leave to file an oversized brief, for leave to file a five-page addenda containing surveys, plot plans, and diagrams containing comments and additional illustrations.

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

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order and judgment dated August 19, 2008 (Appellate Division Docket No. 2008-08702), is granted and the appellants' time to perfect the appeal is enlarged until November 9, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized brief is denied without prejudice to making an application to the Clerk of the Court pursuant 22 NYCRR 670.10.3(e); and it is further

ORDERED that the branch of the motion which is for leave to file an addenda is denied.

SANTUCCI, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court