| Matter of Bray v Town of Yorktown Zoning Board of Appeal |
| Motion No: 2015-02066 |
| Slip Opinion No: 2015 NY Slip Op 95128(U) |
| Decided on December 30, 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
M204003
S/sl
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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 21, 2015, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
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 February 1, 2016, the appellant serve and file a supplemental appendix containing the verified answer of the Town respondents with any necessary exhibits (see 22 NYCRR 670.10.2[c]), the Town respondents' affirmations in opposition to the amended petition, the verified answer of Faith Bible Church, the Zalantis affirmation in opposition to the amended petition, the petitioner's reply affirmation, the Zalantis surreply affirmation, and any necessary portions of the "Certified Record with Exhibits" (see 22 NYCRR 670.10.2[c]); 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 March 4, 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