Appellate Division: Second Judicial Department

M236625

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-02349, 2017-09096 In the Matter of Save Harrison, Inc., appellants, v The Town/Village of Harrison, NY, et al., respondents. (Index No. 605794/16)

DECISION & ORDER ON MOTION

Motion by the appellants to deem a notice of appeal from an order of the Supreme Court, Nassau County, entered February 10, 2017, prior to the filing of a judgment entered May 1, 2017, "to be . . . an effective [n]otice of [a]ppeal nunc pro tunc," or, in the alternative, to grant leave to appeal nunc pro tunc from the judgment. Cross motion by the respondents The Town/Village of Harrison, NY, The Town/Village of Harrison, NY Planning Board, and The Town/Village of Harrison, NY Town Board to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of the judgment. Separate cross motion by the respondent Lake Street Granite Quarry, Inc., to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of the judgment or, in the alternative, for an expedited briefing schedule and a preference in the calendaring of the appeal. Separate cross motion by the respondent Shelter Development, LLC, also known as Brightview Senior Living, LLC, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of the judgment or, in the alternative, for an expedited briefing schedule and a preference in the calendaring of the appeal.

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

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the motion is denied as academic; and it is further,

ORDERED that cross motion by the respondents The Town/Village of Harrison, NY, The Town/Village of Harrison, NY Planning Board, and The Town/Village of Harrison, NY Town Board and the branches of the cross motions by the respondent Lake Street Granite Quarry, Inc., and the respondent Shelter Development, LLC, also known as Brightview Senior Living, LLC, which are to dismiss the appeal from the order are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the cross motions by the respondent Lake Street Granite Quarry, Inc., and the respondent Shelter Development, LLC, also known as Brightview Senior Living, LLC, which are for an expedited briefing schedule and a preference are denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeals is enlarged until November 13, 2017, and the record or appendix on the appeals and the appellants' brief shall be served and filed on or before that date.

LEVENTHAL, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court