Matter of Andes v Zoning Board of Appeals of the Town of Riverhead
Motion No: 2018-01780
Slip Opinion No: 2019 NY Slip Op 61795(U)
Decided on January 30, 2019
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

M259635

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2018-01780

In the Matter of William F. Andes, Jr.,

et al., appellants, v Zoning Board of Appeals

of the Town of Riverhead, et al., respondents.

(Index No. 8742/16)

DECISION & ORDER ON MOTION

Motion by the respondents John Reeve, Sandra Reeve, and J & S Reeve Summer Cottages, LLC, to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated December 22, 2017, pursuant to CPLR 5511, 5512(a) and 5701 or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellants to extend the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time of the respondents John Reeve, Sandra Reeve, and J & S Reeve Summer Cottages, LLC, to serve and file a brief is granted, the time of the respondents John Reeve, Sandra Reeve, and J & S Reeve Summer Cottages, LLC, to serve and file a brief is extended until March 1, 2019, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied as premature.

RIVERA, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court