Appellate Division: Second Judicial Department

M252558

E/mm

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-04871 In the Matter of Jane H. Concannon Revocable Trust appellant, v Building Department of the Town of Eas Hampton, respondent. (Index No. 4297/16)

DECISION & ORDER ON MOTION , t

Motion by the appellant to enjoin the respondent Breakers Motel, Inc., from operating or permitting the operation of a restaurant at the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 5, 2018, and for a preference in the calendaring of the appeal. Cross motion by the respondent Breakers Motel, Inc., to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, to enlarge the respondents' time to serve and file their respective briefs and to direct the appellant to post an undertaking in the sum of $1,705,000 as a condition of any injunction that is granted.

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

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

ORDERED that the branch of the cross motion which is to dismiss the appeal 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 branch of the cross motion which is to enlarge the respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until August 15, 2018, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to direct the appellant to post an undertaking is denied as academic.

SCHEINKMAN, P.J., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court