Appellate Division: Second Judicial Department

M209550

E/ct

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-07005 In the Matter of Lena Bodin, et al., appellants, v Planning Board of Town of Ramapo, et al., respondents-respondents, et al., respondents. (Index No. 726/13)

DECISION & ORDER ON MOTION

Separate motions by the respondents-respondents Planning Board of Town of Ramapo, Town Board of Town of Ramapo, and Town of Ramapo, and the respondents-respondents Scenic Development, LLC, and Scenic Development SM, LLC, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated May 19, 2014, on the grounds that the appellants failed to comply with a decision and order on motion of this Court dated April 14, 2015, that the record is inadequate, and that the record contains matter dehors the record.

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

ORDERED that the motions are denied on condition that on or before May 9, 2016, the appellants (1) file one printed copy and eight searchable computer discs of the Draft Environmental Impact Statement and Final Environmental Impact Statement and serve counsel for the respondents-respondents Planning Board of Town of Ramapo, Town Board of Town of Ramapo, and Town of Ramapo with one printed copy and one searchable computer disc of the Draft Environmental Impact Statement and Final Environmental Impact Statement, and serve counsel for the respondents-respondents Scenic Development, LLC, and Scenic Development SM, LLC, with one printed copy and one searchable computer disc of the Draft Environmental Impact Statement and Final Environmental Impact Statement; (2) serve and file a replacement appellants' appendix that does not contain the material on pages A367 through 387, 406, 407, 437 through 443, 592, 593, 653, 654, 665 through 670, 680 through 694, 701 through 709, 715 through 732, 811 through 824, 831, 832, 914 through 916, 918, 965, 968 through 971, and 1024 through 1028 of the appellants' appendix currently on file with the Clerk of the Court; and (3) serve and file a replacement brief that does not refer to that material; and it is further,

ORDERED that on the Court's own motion, the respondents-respondents' time to serve and file their respective briefs is enlarged until June 8, 2016, and the respondents-respondents' briefs must be served and filed on or before that date.

LEVENTHAL, J.P., HALL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court