Appellate Division: Second Judicial Department

M201247

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2014-08495, 2015-10423 In the Matter of Benali, LLC, appellant, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 10686/13)

DECISION & ORDER ON MOTION

Motion by the respondent New York State Department of Environmental Conservation to dismiss an appeal from a decision of the Supreme Court, Suffolk County, dated May 22, 2014, on the ground that no appeal lies from a decision. Cross motion by the appellant, inter alia, in effect, to consolidate the appeal from the decision with an appeal from a judgment of the same court entered July 28, 2015, to deem the record and briefs filed in connection with the appeal from the decision to also be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the notice of appeal from the judgment and the judgment.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the cross motion which are to consolidate the appeals, to deem the record and briefs filed in connection with the appeal from the decision to also be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the notice of appeal from the judgment and the judgment are granted, and on or before November 20, 2015, the appellant shall serve and file a supplemental record containing the notice of appeal from the judgment and the judgment; and it is further,

ORDERED that the cross motion is otherwise denied as academic; and it is further,

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

ORDERED that on the Court's own motion, the time of the respondent New York State Department of Environmental Conservation to serve and file a brief is enlarged until December 21, 2015, and the brief of the respondent New York State Department of Environmental Conservation must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court