Appellate Division: Second Judicial Department

M116516

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-04312 In the Matter of Marilyn Bishop, et al., respondents, v Town of Southampton Zoning Board of Appeals, defendant, East End Gunite Pools Supply, LLC, et al., appellants. (Proceeding No. 1) In the Matter of East End Gunite Pools Supply, LLC, et al., appellants, v Zoning Board of Appeals of Town of Southampton, et al., respondents. (Proceeding No. 2) (Index Nos. 1311-09, 1363-09)

DECISION & ORDER ON MOTION

Motion by Bracken Margolin Besunder, LLP, and Michael Walsh, Esq., co-counsel for the appellant R.K.B. Realty, LLC, to withdraw on appeals from a judgment of the Supreme Court, Suffolk County, dated April 9, 2010. Separate motion by the appellant East End Gunite Pools Supply, LLC, to enlarge the time to perfect its appeal.

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

ORDERED that the motions are granted; and it is further,

ORDERED that on or before March 29, 2011, Bracken Margolin Besunder, LLP, is directed to serve R.K.B. Realty, LLC, by one of the methods specified in CPLR 2103(c), with a copy of this order and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against R.K.B. Realty, LLC, without leave of the Court, until the expiration of 30 days after service upon it of a copy of this order; and it is further,

ORDERED that the time of the appellant East End Gunite Pools Supply, LLC, to perfect its appeal is enlarged until May 2, 2011; and it is further,

ORDERED that no further enlargement of time shall be granted.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court