Matter of Leonard v Planning Board of Town of Unionvale
Motion No: 2015-11316
Slip Opinion No: 2016 NY Slip Op 94147(U)
Decided on December 13, 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

M222745

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-11316

In the Matter of E. Deane Leonard, et al.,

appellants, v Planning Board of Town of

Unionvale, respondent.

(Index No. 4528/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated October 15, 2015, on the ground that the appellants' appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 12, 2017, and the respondent's brief must be served and filed on or before that date.

CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court