Appellate Division: Second Judicial Department

M238276

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-12023 In the Matter of 55 Wainscott Hollow, LLC, petitioner-respondent, v Planning Board of Town of East Hampton, respondent-respondent, Alan Cohen, et al., appellants. (Index No. 10237/15)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enjoin the petitioner-respondent from performing construction at the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2016. Cross motion by the petitioner-respondent, inter alia, to dismiss the appeal on the ground that it has been rendered academic. Motions by the appellants to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition to the motion, inter alia, to enjoin the petitioner-respondent, and the cross motion, and no papers having been filed in opposition or in relation to the motions to enlarge the time to perfect the appeal, it is

ORDERED that the motion, inter alia, to enjoin the petitioner-respondent from performing construction at the subject premises is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that is has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof and the cross motion is otherwise denied; and it is further, ORDERED that the motions to enlarge the time to perfect the appeal are granted, the time to perfect the appeal is enlarged until October 26, 2017, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date.

LEVENTHAL, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court