Matter of Bray v Town of Yorktown Zoning Board of Appeal
Motion No: 2015-02066
Slip Opinion No: 2016 NY Slip Op 71350(U)
Decided on April 22, 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

M210313

E/sl

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, 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

Motion by the appellant, inter alia, to enlarge the record on an appeal from a judgment of the Supreme Court, Westchester County, entered December 18, 2014, to include certain documents. Separate motions by the respondent Town of Yorktown Zoning Board of Appeals and the respondent Faith Bible Church, inter alia, to strike the appellant's reply brief on the ground that it refers to 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 motion by the appellant is denied; and it is further,

ORDERED that the separate motions by the respondent Town of Yorktown Zoning Board of Appeals and the respondent Faith Bible Church are granted, the appellant's reply brief is stricken, and on or before May 23, 2016, the appellant may serve and file a replacement reply brief.

HALL, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court