Matter of Village of Pomona v Planning Board of Town of Ra
Motion No: 2012-10582
Slip Opinion No: 2016 NY Slip Op 64346(U)
Decided on February 16, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M205945

E/ct

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2012-10582

In the Matter of Village of Pomona, appellant,

v Planning Board of Town of Ramapo, et al.,

respondents.

(Index No. 156/12)

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 September 10, 2012, for the appellant's failure to comply with a decision and order on motion of this Court dated October 24, 2014, as amended February 10, 2015, and June 16, 2015, and the decision and order on motion of this Court dated October 9, 2015.

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

ORDERED that the motion is denied on condition that on or before March 9, 2016, the appellant serves and files one supplemental record containing Appendices A through X of the Draft EIS, the missing pages from Appendix A, B, C, D, E, and F of the EIS, and the four missing maps from the EIS; and it is further,

ORDERED that on the Court's own motion, the time for the respondent Scenic Development, LLC, to serve and file a brief is enlarged until April 8, 2016, and the brief of the respondent Scenic Development, LLC, must be served and filed on or before that date.

LEVENTHAL, J.P., DICKERSON, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court