| Matter of Lilly Pad, LLC v Zoning Board of Appeals of Villa |
| Motion No: 2013-09890 |
| Slip Opinion No: 2015 NY Slip Op 61028(U) |
| Decided on January 14, 2015 |
| 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
M185695
E/ct
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2013-09890 In the Matter of Lilly Pad, LLC, appellant, v Zoning Board of Appeals of Village of East Hampton, et al., respondents. (Index No. 33605/12)
| DECISION & ORDER ON MOTION |
Motion by the respondents Sheri Kersch-Schultz Residence Trust No.1 and Howard D. Schultz Residence Trust No. 1 to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 2, 2013, on the ground that the appeal has been rendered academic or based on the doctrine of laches, or, in the alternative, 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 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 the branch of the motion which is to enlarge the movant's time to serve and file a brief is granted, the movants' time to serve and file a brief is enlarged until February 13, 2015, and the movants' brief must be served and filed on or before that date.
RIVERA, J.P., DICKERSON, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court