Matter of Green Earth Farms Rockland, LLC v Town of Haverstraw Planni
Motion No: 2015-00526
Slip Opinion No: 2017 NY Slip Op 62498(U)
Decided on February 1, 2017
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

M225450

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-00526

In the Matter of Green Earth Farms Rockland,

LLC, et al., respondents, v Town of Haverstraw

Planning Board, et al., appellants.

(Index No. 2465/12)

DECISION & ORDER ON MOTION

Appeal by the Town of Haverstraw Planning Board and Town of Haverstraw Building Department, and separate appeal by Mt. Ivy Partners, Inc., from an order of the Supreme Court, Rockland County, dated October 15, 2014. The appellants jointly perfected their appeals on May 20, 2015. The respondents filed a brief on August 21, 2015, and the appellants jointly filed a reply brief on October 5, 2015. By opinion and order of this Court dated December 28, 2016, Burton I. Dorfman, the attorney for the respondents, was disbarred upon his resignation.

Now, on the Court's own motion, it is

ORDERED that pursuant to CPLR 321, all proceedings in the above-entitled appeals are stayed until March 17, 2017, to enable the respondents to retain new counsel to represent them on the appeals; and it is further,

ORDERED that on or before April 14, 2017, the respondents' new attorney shall advise the Clerk of this Court, in writing, whether he or she will adopt the brief filed by former counsel or wishes to file a new or supplemental brief; and it is further,

ORDERED that in the event that the respondents do not comply with the above-stated directives the respondents brief will be stricken and the appeal will be calendared on the appellants' briefs alone; and it is further,

ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this decision and order on motion on Burton I. Dorfman and upon the attorneys for the appellants; and it is further,

ORDERED that on or before February 17, 2017, Burton I. Dorfman shall serve a copy of this decision and order on motion upon the respondents by one of the methods specified in CPLR 2103(c), and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the respondents pending further order of this Court.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court