Appellate Division: Second Judicial Department

M94051

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-08305, 2009-03897 In the Matter of George Henderson, et al., appellants, v Zoning Board of Appeals, et al., respondents. (Index No. 07-12351)

DECISION & ORDER ON MOTION

Motion by Richard Ottinger and June Ottinger to direct the appellants to serve and file a supplemental appendix on appeals from two judgments of the Supreme Court, Westchester County, entered August 15, 2008, and March 17, 2009, respectively. Separate motion by Zoning Board of Appeals and Richard J. Carroll to strike the appellant's appendix as inadequate or to direct the appellants to serve and file a supplemental appendix and to enlarge the time to serve and file a brief. Application by Commissioner of General Services of State of New York pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by Richard Ottinger and June Ottinger pursuant to 22 NYCRR 670.8(d)(2) 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 thereto, and upon the applications, it is

ORDERED that on the motion by Richard Ottinger and June Ottinger and that branch of the motion by Zoning Board of Appeals and Richard J. Carroll to direct the appellants to serve and file a supplemental appendix is granted and on or before December 4, 2009, the appellant shall serve and file a supplemental appendix containing the following:

(1) Harbor and Coastal Zone Management Commission (hereinafter CZMC) Public Hearing Notice for April 19, 2006, with Revised CZMC Agenda dated April 11, 2006;

(2) CZMC Agenda for May 17, 2007;

(3) Notice of Application from Building Department dated June 12, 2006, with radius map; proof of service affidavit and list of owners/addresses;

(4) E-mail from Sue McCrory to Ann Malavet, ZBA secretary sent September 7, 2006 at 10:11P.M.;

(5) Photograph annexed as exhibit 36 to the ZBA's certified record;

(6) Transcript from July 6, 2006, ZBA Hearing;

(7) Transcript from August 15, 2006, ZBA Hearing;

(8) Transcript from September 7, 2006, ZBA Hearing;

(9) Transcript from October 5, 2006, ZBA Hearing;

(10) Transcript from December 7, 2006, ZBA Hearing;

(11) Various Surveys and Plans Submitted to ZBA, annexed as exhibit 51 to ZBA's certified record;

(12) Undated Document entitled "Anomalies with respect to Henderson Appeal Proceeding";

(13) Undated Document entitled "Re: #2A-2007 Application of George and Irene Henderson";

(14) Undated Document entitled "Ottinger Property 818 The Crescent - "Yard" Setbacks Henderson Appeal #2A-2007;

(15) Zoning Analysis Dated February 19, 2007;

(16) Elevation Certificate (received by ZBA on April 24, 2007);

(17) Transcript from January 4, 2007, ZBA Hearing;

(18) Transcript from February 1, 2007, ZBA Hearing;

(19) Transcript from March 1, 2007, ZBA Hearing;

(20) Transcript from April 5, 2007, ZBA Hearing;

(21) Transcript from May 3, 2007, ZBA Hearing;

(22) Transcript from June 7, 2007, ZBA Hearing;

(23) Resolution Adoped on June 7, 2007;

(24) Resolution Adopted on June 7, 2007, evidencing mailed to appropriate persons and filed June 12, 2007;

(25) Plans Submitted to ZBA; annexed as exhibit 90 to ZBA's certified record; and

(26) Complete copy to Transcript from February 1, 2007, ZBA meeting;

and it is further,

ORDERED that the branch of the motion by Zoning Board of Appeals and Richard J. Carroll which is to enlarge the time to serve and file a brief and the applications are granted, the respondents' time to serve and file their briefs is enlarged until January 4, 2010, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion by Zoning Board of Appeals and Richard J. Carroll is otherwise denied.

MASTRO, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court