Appellate Division: Second Judicial Department

M168400

J/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-08638 In the Matter of Lilly Pad, LLC, appellant, v Zoning Board of Appeals of Village of East Hampton, et al., respondents. (Index No. 18105/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 17, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to enjoin the respondents from performing certain construction at the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 21, 2012. Cross motion by the respondents to dismiss the appeal on the grounds that it has been rendered academic or that it is barred by the doctrine of laches.

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

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

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file their respective briefs is enlarged until July 22, 2013, and the respondents' briefs must be served and filed on or before that date.

ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court