| Matter of Village of Pomona v Planning Board of Town of Ra |
| Motion No: 2012-08614 |
| Slip Opinion No: 2014 NY Slip Op 87857(U) |
| Decided on October 24, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M179703
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2012-08614 In the Matter of Village of Pomona, appellant, v Planning Board of Town of Ramapo, et al., respondents. (Index No. 1111/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent Scenic Development, LLC, and cross motion by the respondents Town Board of Town of Ramapo and Planning Board of Town of Ramapo, to dismiss an appeal from a judgment of the Supreme Court, Rockland County, dated July 11, 2012, on the ground that the record on appeal is inadequate and contains matter dehors the record.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appellant is granted leave to dispense with printing nine copies of the Draft Environmental Impact Statement and Final Environmental Impact Statement, and to serve and file one printed copy and eight searchable computer disc copies of the Draft Environmental Impact Statement and Final Environmental Impact Statement, the searchable computer discs submitted to the Clerk of this Court are accepted for filing, and, on or before November 17, 2014, the appellant shall serve and file one printed copy of the Draft Environmental Impact Statement and Final Environmental Impact Statement; and it is further,
ORDERED that the motions are denied on condition that on or before November 17, 2014, the appellant (1) removes pages 941 through 944 from the copies of the record filed with the Clerk of the Court, and (2) serves and files a supplemental record containing the following material: (A) affidavit of Dennis Rocks dated June 27, 2011, (B) page 3 from the report of Leggette, Bashears & Graham, Inc., dated December 14, 2010, (C) page 27 of the draft minutes of the meeting of Planning Board of Town of Ramapo on November 29, 2010, (D) page 11 of the Final Scoping Document, Patrick Farm, (E) pages 2 and 4 of the Patrick Farm Public Need & Consistency with Town of Ramapo Comprehensive Plan; 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 December 17, 2014, and the respondents' briefs must be served and filed on or before that date.
ENG, P.J., MASTRO, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court