Appellate Division: Second Judicial Department

M211137

E/sl

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 appellant to extend the time to comply with a decision and order on motion of this Court dated February 16, 2016, on an appeal from a judgment of the Supreme Court, Rockland County, dated September 10, 2012. Cross motion by the respondent Scenic Development, LLC, to dismiss the appeal for the appellant's failure to comply with the decision and order on motion of this Court dated February 16, 2016.

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

ORDERED that the motion is granted, and on or before June 6, 2016, the appellant shall serve and file a 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 no further extension of time shall be granted; and it is further,

ORDERED that the cross motion is denied without prejudice to renew if the appellant does not comply with this decision and order on motion; 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 July 6, 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