Appellate Division: Second Judicial Department

M201605

W/ct

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2015-07114 In the Matter of Board of Fire Commissioners of Fairview Fire District, etc., appellant, v Town of Poughkeepsie Planning Board, et al., respondents. (Proceeding No. 1) (Index No. 4353/14)

DECISION & ORDER ON MOTION

2015-08863

In the Matter of Board of Fire Commissioners

of Fairview Fire District, etc., appellant,

v Town of Poughkeepsie Planning Board,

et al., respondents.

(Proceeding No. 2)

(Index No. 515/15)

Motion by the appellant, inter alia, to stay the issuance of any permits, certificates, or approvals in connection with the subject real property, and any construction on or occupancy of that real property, pending hearing and determination of appeals from a judgment of the Supreme Court, Dutchess County, dated April 17, 2015, and an order and judgment (one paper) of the same court, dated June 30, 2015, respectively. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from 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 application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal from the judgment under Appellate Division Docket No. 2015-07114 is enlarged until January 5, 2016, and the record or appendix and the appellant's brief must be served and filed before that date.

ENG, P.J., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court