Appellate Division: Second Judicial Department

M151566

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-05261 In the Matter of Peter Blandeburgo, respondent, v Zoning Board of Appeals Town of Islip, appellant. (Index No. 1936/11)

DECISION & ORDER ON MOTION

Motion by Peter Blandeburgo to be substituted for the respondent, Toni Seaman, on an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2012, and to enlarge his time to serve and file a brief.

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 on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from a judgment of the same court dated May 1, 2013; and it is further,

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

ORDERED that Peter Blandeburgo is substituted for Toni Seaman, the caption is amended as set forth above, and on or before March 8, 2013, the appellant shall serve Peter Blandeburgo's counsel with two copies of the record on appeal, a supplemental record containing the judgment dated May 1, 2013, and the appellant's brief, and file nine copies of the supplemental record containing the judgment dated May 1, 2013; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until May 7, 2013, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court