Matter of Kirklin v Zoning Board of Appeals of the City of Long Beach
Motion No: 2018-03838
Slip Opinion No: 2018 NY Slip Op 87707(U)
Decided on November 1, 2018
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

M257009

E/sl

SANDRA L. SGROI, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-03838

In the Matter of James Kirklin, et al., petitioners-

respondents, v Zoning Board of Appeals of the

City of Long Beach, et al., respondents-respondents,

Shore Road-Long Beach Superblock, LLC, appellant

(Index No. 3204/17)

DECISION & ORDER ON MOTION




.

Motion by the respondents-respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 22, 2018, on the ground that the order is not appealable as of right and leave to appeal has not been granted or on the ground that the appeal has been rendered academic, or alternatively, to extend the time to serve and file a brief. Application by the appellant to extend the time to serve and file a reply 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 application and the papers filed in relation thereto, it is

ORDERED that the branch of the 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 motion which is to extend the respondents-respondents' time to serve and file a brief is granted, the respondents-respondents' time to serve and file a brief is extended until November 30, 2018, and the respondents-respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the petitioners-respondents' time to serve and file a brief is extended until November 30, 2018, and the petitioners-respondents' brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extensions of time for the petitioners-respondents or the respondents-respondents shall be granted; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is extended until December 17, 2018, and the reply brief 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