Appellate Division: Second Judicial Department

M179714

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

SANDRA L. SGROI

BETSY BARROS, JJ.

2012-10582 In the Matter of Village of Pomona, appellant, v Planning Board of Town of Ramapo, et al., respondents. (Index No. 156/12)

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 September 10, 2012, on the ground that the record on appeal is inadequate.

Upon the papers filed in support of the motion and 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 motion and cross motion are denied on condition that on or before November 17, 2014, the appellant (1) serves and files a supplemental record containing the following material: (A) Report: Sanitary Pump Station Design prepared for Patrick Farm Volunteer Housing, dated October 28, 2011, (B) Responses to review comments received at November 18, 2011, CDRC meeting from Leonard Jackson Associates, (C) Jurisdiction Applications Status Report, (D) page 17 of the Court of Appeals decision submitted by Terry Rice at the December 14, 2011, public hearing, (E) page 13 of the Patrick Farm SEQR Findings Statement dated January 25, 2010, and (2) either inserts the following material at the pages noted in the copies of the record filed with the Clerk of this Court or includes the material in the supplemental record noted above:(A) Letter from John M. Porta, dated December 20, 2011, as page 777, (B) Wetland Disturbance Pond Area Map prepared by David Clouser & Associates dated December 9, 2011, as page 1310, and (C) Wetland Mapping prepared by David Clouser & Associates dated December 9, 2011, as page 1311; 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, if any, 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