Appellate Division: Second Judicial Department

M249992

E/afa

SANDRA L. SGROI, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-08738 In the Matter of Harry Hitner, et al., appellants, v Planning Board of the Town of Patterson, et al., respondents. (Proceeding No. 1) In the Matter of Harry Hitner, appellant, v Planning Board of the Town of Patterson, et al., respondents. (Proceeding No. 2) (Index Nos. 2607/16, 3067/16)

DECISION & ORDER ON MOTION

Motion by the appellants to enjoin the respondent Patterson Crossing Realty Company, LLC, from constructing the proposed fueling facility, pending hearing and determination of an appeal from a judgment of the Supreme Court, Westchester County, dated July 7, 2017. Cross motion by the respondent Planning Board of the Town of Patterson for a preference in the calendaring of the appeal, to strike certain portions of the appellants' appendix on the ground that they contain matter dehors the record, and to enlarge the time to serve and file a brief. Separate cross motion by the respondent Patterson Crossing Realty Company, LLC, for a preference in the calendaring of the appeal, to strike certain portions of the appellants' appendix and the appellants' brief on the ground that they contain or refer to matter dehors the record, and 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, and upon the papers filed in support of the cross motions and the papers filed in relation and in opposition thereto, it is

ORDERED that the motion is denied; and it is further

ORDERED that the branches of the cross motions which are for a preference in the calendaring of the appeal is denied; and it is further

ORDERED that the branches of the cross motions which are to strike certain portions of the appellants' appendix and the branch of the cross motion which is to strike certain portions of the appellants' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the cross motions which are to enlarge the time of the respondent Planning Board of the Town of Patterson and the respondent Patterson Crossing Realty Company, LLC, to serve and file their respective briefs are granted, the time of the respondent Planning Board of the Town of Patterson and the respondent Patterson Crossing Realty Company, LLC, to serve and file their respective briefs is enlarged until June 11, 2018, and the briefs shall be served and filed on or before that date.

SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court