Appellate Division: Second Judicial Department

M187200

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

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, to dismiss an appeal from a judgment of the Supreme Court, Rockland County, dated July 11, 2012, for failure to comply with so much of a decision and order on motion of this Court dated October 24, 2014, as directed the appellant to remove certain pages from the record, and serve and file a supplemental record containing certain material by a date certain. Separate motion by the appellant to extend its time to remove the pages from the record and to amend the decision and order on motion of this Court dated October 24, 2014, and to omit the directive that it serve and file the supplemental record. Application by the respondent Scenic Development, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion by the respondent Scenic Development, LLC, and the papers filed in opposition and in relation thereto, upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent Scenic Development, LLC, is denied on condition that on or before March 12, 2015, the appellant 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 the appellant's motion is granted to the extent that the time for the appellant to remove pages 941 through 944 from the copies of the record filed with the Clerk of this Court is extended until March 12, 2015, and the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the time of the respondent Scenic Development, LLC, to serve and file a brief is enlarged until April 13, 2015, and the brief of the respondent Scenic Development, LLC, must be served and filed on or before that date.

RIVERA, J.P., AUSTIN, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court