Appellate Division: Second Judicial Department

M219684

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

BETSY BARROS, JJ.

2016-04233 In the Matter of Long Island Pine Barrens Society, Inc., et al., appellants, v County of Suffolk, et al., respondents. (Index No. 29066/11)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the record to include certain material on an appeal from a judgment of the Supreme Court, Suffolk County, dated February 18, 2016. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to report on whether that court considered (1) the appellants' proposed judgment with notice of settlement, (2) the respondents' proposed counter judgment, (3) the transmittal letter of the Suffolk County Attorney dated December 10, 2015, with attachments, and (4) the reply letter of the appellants' counsel dated December 15, 2015, in determining the proceeding that resulted in the judgment dated February 18, 2016; and it is further,

ORDERED that pending receipt of the report of the Supreme Court, Suffolk County, the motion and the application are held in abeyance in the interim. The Supreme Court, Suffolk County, shall file its report with all convenient speed.

ENG, P.J., BALKIN, HALL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court