Appellate Division: Second Judicial Department

M203503

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-02066 In the Matter of Eva Daniel Bray, appellant, v Town of Yorktown Zoning Board of Appeals, et al., respondents. (Index No. 1049/14)

DECISION & ORDER ON MOTION

Separate motions by the respondent Town of Yorktown Zoning Board of Appeals and the respondent Faith Bible Church, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered December 18, 2014, on the ground that the appellant's appendix is inadequate, or, in the alternative, to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal are denied on condition that on or before January 19, 2016, the appellant serve and file a supplemental appendix containing the notice of motion of the respondent Town of Yorktown Zoning Board of Appeals to dismiss that was determined by the order entered December 18, 2014, the affirmation filed in support of the motion and necessary exhibits, (see 22 NYCRR 670.10.2[c]) and the appellant's opposition to that motion, as well as the notice of motion of the respondent Faith Bible Church that was determined by the order entered December 18, 2014, the affidavit filed in support of the motion and necessary exhibits, and the appellant's opposition to that motion; and it is further,

ORDERED that the branches of the motions which are to enlarge the movants' time to serve and file their respective briefs are granted, the movants' time to serve and file their respective briefs is enlarged until February 18, 2016, and the movants' briefs must be served and filed on or before that date.

ENG, P.J., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court