Matter of Feder v Town of Islip Zoning Board of Appeals

Matter of Feder v Town of Islip Zoning Board of Appeals

Motion No: 2012-05133

Slip Opinion No: 2013 NY Slip Op 65656(U)

Decided on February 26, 2013

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

M152016

S/ct

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-05133, 2012-05291
In the Matter of Jerome Feder, et al.,
respondents, v Town of Islip Zoning Board
of Appeals, et al., appellants.
(Index No. 37362/08)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from an order of the Supreme Court, Suffolk County, dated November 15, 2011, and a judgment of the same court entered April 3, 2012, to dismiss the appeal by Barry Wetherall and Harriet Wetherall on the ground that they are not proper appellants, or to dismiss the appeals on the ground that the joint appendix is incomplete, or to enlarge the time to serve and file a brief.

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 dismiss the appeal by Barry Wetherall and Harriet Wetherall is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further

ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the appendix is incomplete is granted to the extent that on or before March 29, 2013, the appellants shall serve and file a supplemental joint appendix containing the order of the Supreme Court, Suffolk County, dated April 28, 2010, and those portions of the motion papers submitted to the Supreme Court which resulted in the order dated April 28, 2010, "necessary to permit the court to fully consider the issues" (see 22 NYCRR 670.10.2[c][1]), and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondents' time to serve and file a brief is enlarged until April 29, 2013, and the respondents' brief shall be served and filed on or before that date.

MASTRO, J.P., RIVERA, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court