Appellate Division: Second Judicial Department

M272848

E/sl

SHERI S. ROMAN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-11142 In the Matter of Gedney Association, Inc., et al., appellants, v Common Council of the City of White Plains, et al., respondents. (Matter No. 1) Claudia G. Jaffe, et al., appellants, et al., plaintiff, v French-American School of New York, Inc., etc., respondent. (Matter No. 2) (Index Nos. 3084/2017, 51577/2018)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated August 24, 2018. Motion by the respondent French-American School of New York, Inc., and separate motion by the respondent Common Council of the City of White Plains to dismiss the appeal by the appellants Gedney Association, Inc., John Sheehan, and Daniel Seidel for failure to comply with a decision and order on motion of this Court dated February 10, 2020, or, in the alternative, to extend the time to serve and file their respective briefs. Cross motion by the appellants Gedney Association, Inc., John Sheehan, and Daniel Seidel, inter alia, to extend the time to comply with the decision and order on motion dated February 10, 2020. Application by the appellants Claudia G. Jaffe, Aaron D. Jaffe, Louis M. Petralia, Florence Reda, Theresa N. Maguire, and Kevin G. Maguire pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a reply brief.

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

ORDERED that the branch of the cross motion which is to extend the time to comply with the decision and order on motion of this Court dated February 10, 2020, is granted and on or before October 9, 2020, the appellants shall serve and file, via NYSCEF, a supplemental joint appendix containing the exhibits annexed to the affirmations that were filed in connection with the motions that were determined by the order and judgment dated August 24, 2018, except for the exhibits that are contained in the joint appendix, and the following documents identified in an index of documents annexed to the papers filed in support of the motion filed in this Court by the respondent French-American School of New York, Inc., as Exhibit D: I 1A, I 1D, I 1E, II 6, II 7, II 8, II 9, II 10, II 12, II 15, II 16, II 18, II 19, II 20, II 21, II 22, II 27, II 28, II 29, II 30, II 31, II 32, II 33, II 34, II 35, II 36, II 37, II 37A, II 40, II 40A, II 40B, II 42, II 45, II 49, II 51, II 53, II 54, II 55, II 56, II 57, II 66, II 69, II 70, II 71, II 72, II 74, II 76, II 76A, II 77, II 80 , II 81, II 82, II 83, II 84, II 85, II 86, II 87, II 88, II 88A, II 91, II 92, II 93, II 96, II 97, II 99, II 100, II 101, II 103, II 104, II 106, II 107, II 109, II 110, II 112, II 113, II 114, II 115, II 116, II 117, II 118, II 119, II 120, II 121, II 122, II 124, and II 126 through II 150, and the appellants shall file an original and five hard copies of the supplemental joint appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

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

ORDERED that the branches of the motions which are to dismiss the appeal by the appellants Gedney Association, Inc., John Sheehan, and Daniel Seidel are denied; and it is further,

ORDERED that on the Court's own motion, the brief filed by the respondent French-American School of New York, Inc., is stricken; and it is further,

ORDERED that the branches of the motions which are to extend the respondents' time to serve and file their respective briefs are granted, the respondents shall serve and file their respective briefs, via NYSCEF, on or before November 9, 2020, and the respondents shall file an original and five hard copies of their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that no further extension of time shall be granted to the respondents to serve and file their respective briefs; and it is further,

ORDERED that the application is granted, the appellants Claudia G. Jaffe, Aaron D. Jaffe, Louis M. Petralia, Florence Reda, Theresa N. Maguire, and Kevin G. Maguire shall serve and file a reply brief, via NYSCEF, on or before November 24, 2020, and the appellants Claudia G. Jaffe, Aaron D. Jaffe, Louis M. Petralia, Florence Reda, Theresa N. Maguire, and Kevin G. Maguire shall file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that on the Court's own motion, the time of the appellants Gedney Association, Inc., John Sheehan, and Daniel Seidel to serve and file a reply brief, via NYSCEF, is

extended until November 24, 2020, and the appellants Gedney Association, Inc., John Sheehan, and Daniel Seidel shall file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

ROMAN, J.P., MILLER, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court