Matter of Shapiro v Planning Board of Town of Ramapo

Matter of Shapiro v Planning Board of Town of Ramapo

Motion No: 2014-07003

Slip Opinion No: 2016 NY Slip Op 86397(U)

Decided on September 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

M218598

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-07003
In the Matter of Susan Hito Shapiro, etc.,
et al., appellants, v Planning Board of
Town of Ramapo, et al., respondents.
(Index No. 735/13)

DECISION & ORDER ON MOTION

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)

Motion by the appellants to calendar together appeals from two orders of the Supreme Court, Rockland County, both dated May 19, 2014. Separate motion by the appellants to calendar the appeals together, to strike the brief filed by the respondents Scenic Development, LLC, and Scenic Development SM, LLC, in connection with the appeal under Appellate Division Docket No. 2014-07005 on the ground that it refers to matter dehors the record, and to enlarge their time to serve and file a reply brief in connection with the appeal under Appellate Division Docket No. 2014-07005. Separate motion by the appellants to enlarge their time to serve and file a reply brief in connection with the appeal under Appellate Division Docket No. 2014-07005.

Upon the papers filed in support of the motion to calendar the appeals together and the papers filed in opposition thereto, upon the papers filed in support of the motion, inter alia, to calendar the appeals together and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge their time to serve and file a reply brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that motion to calendar the appeals together and the branch of the separate motion which is to calendar the appeals together are granted, and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to strike the brief filed by the respondents Scenic Development, LLC, and Scenic Development SM, LLC, in connection with the appeal under Appellate Division Docket No. 2014-07005 is granted, the brief is stricken, and on or before October 24, 2016, the respondents Scenic Development, LLC, and Scenic Development SM, LLC, shall file a replacement brief in connection with the appeal under Appellate Division Docket No. 2014-07005; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief in connection with the appeal under Appellate Division Docket No. 2014-07005 and the motion for that relief are granted, the time to serve and file a reply brief in connection with the appeal under Appellate Division Docket No. 2014-07005 is enlarged until November 28, 2016, and the reply brief must be served and filed on or before that date.

LEVENTHAL, J.P., DICKERSON, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court